Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

THE PEOPLE OF THE STATE OF NEW YORK, res v. ALEX CRUZ, def-app

11-469. THE PEOPLE OF THE STATE OF NEW YORK, res v. ALEX CRUZ, def-app — Judgment of conviction (Neil E. Ross, J.), rendered May 16, 2011, affirmed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

11-469. THE PEOPLE OF THE STATE OF NEW YORK, res v. ALEX CRUZ, def-app — Judgment of conviction (Neil E. Ross, J.), rendered May 16, 2011, affirmed.

The accusatory instrument was not jurisdictionally defective. Giving the misdemeanor information “a fair and not overly restrictive or technical reading” (People v. Casey, 95 NY2d 354, 360 [2000]), we find “as a matter of common sense and reasonable pleading” (People v. Davis, 13 NY3d 17, 31 [2009]) that it was legally sufficient to charge defendant with attempted tampering with physical evidence (see Penal Law §§110/215.40). The arresting officer alleged that defendant exchanged currency for a clear plastic bag of marijuana, that when he approached defendant and identified himself as a police officer, defendant “swallowed” the bag of marijuana in order to prevent its recovery, and that the officer believed that the substance was marijuana based upon his “professional training as a police officer in the identification of drugs, [his] prior experience as a police officer in drug arrests and the odor emanating from the substance” (see People v. Eaglesgrave, 108 AD3d 434 [2013], lv denied 21 NY3d 1073 [2013]; People v. Darboe, 45 Misc 3d 126[A], 2014 NY Slip Op 51434[U] [App Term, 1st Dept 2014], lv denied 24 NY3d 1083 [2014]). Based upon these allegations, the factfinder could infer that the object defendant swallowed was “contraband or evidence that defendant intended to prevent the police from discovering,” even though the police were unable to recover the item (see People v. Wilkins, 111 AD3d 451 [2013], lv denied 21 NY3d 1044 [2014], citing People v. Green, 54 AD3d 603, 603-604 [2008], lv denied 11 NY3d 897 [2008]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
GENERAL MAGISTRATE - FLORIDA

11TH Judicial Circuit of Florida is accepting applications for a General Magistrate. Under the direction of the Administrative General Magis...


Apply Now ›
Associate

DURKIN & DURKIN, LLC a well-established firm is actively seeking an associate with experience in defense litigation. Very competitive sa...


Apply Now ›
Labor & Employment Associate New York, NY

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department. The ide...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements