100 A.D.2d 625 | N.Y. App. Div. | 1984
Appeal by defendant from a judgment of the County Court, Westchester County (Couzens, J.), rendered November 28, 1979, convicting him of criminal possession of a controlled substance in the first, third, fifth and eighth degrees and two counts of criminally using drug paraphernalia in the second degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial of those branches of defendant’s motion which were to suppress physical evidence and to controvert a search warrant (Dachenhausen, J.). H Judgment reversed, on the law, and new trial ordered. 11 The crucial issue to be decided at defendant’s nonjury trial was whether he resided at his former (then current) wife’s apartment where the controlled substances and paraphernalia were found and/or exercised dominion and control over the premises from which it could be inferred that he had constructive possession of these items. H Sandra Mann, defendant’s former wife, testified for the prosecution pursuant to a subpoena. According to Mann, who denied possessing any