eBook details
- Title: People State New York v. Ronald Jeff Wasserman
- Author : Supreme Court of New York
- Release Date : January 23, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Defendant and one Lewis Colten were indicted for the crime of criminal possession of a dangerous drug in the third degree in violation of former section 220.20 of the Penal Law. At defendants trial, the Peoples primary witness was Colten, the courier who had brought the marijuana from Kentucky to New York by airplane. Colten, who admitted to a prior marijuana-related conviction, testified that instructions for delivery of the marijuana had been given to him by two persons in Kentucky, where he, Colten, attended college. He was allowed to state, over objection, that these persons had told him that defendant would be present at La Guardia Airport in New York City to receive the marijuana. He had never met defendant, but he was told that defendant would tell him that he knew a mutual friend, one John Kostick. According to Colten, defendant met him as he came off the plane and in subsequent conversation asked whether Colten had encountered any problems in bringing the marijuana with him. This testimony is the only evidence given by Colten which connects defendant with the crime. Defendant had been driven to the airport by Kostick and, according to Colten, Kostick was in the airport building itself for a short time. It is apparent, however, that Kostick was not present during any of the material events which took place on the day in question. That Kostick was involved in the initial scheme to transport the marijuana was testified to by Colten. Also present at the airport was defendants girlfriend, who had accompanied defendant and Kostick. When Colten went to claim his baggage, the two pieces of luggage with the marijuana in them were not at the baggage arrival station. Colten put in a claim for lost baggage and then, because he had to go elsewhere to ensure connections for his return trip to Kentucky, left the baggage stubs with defendants girlfriend, a person who has in no way been implicated in the crime. The baggage was located by airline personnel. In checking Coltens description of the contents as being books and papers, one of the baggage service agents noted a torn green bag in one of the pieces of luggage. The airline police were summoned. After the police ascertained that the baggage probably contained marijuana, they closed the baggage and brought it out to where Colten, defendant, and defendants girlfriend were waiting. When Colten identified the luggage as his, and after further discussion in which Colten reaffirmed his previous statement that the contents of the luggage were books and papers, the police told him to take the luggage. Colten then took one piece, and defendant the other. They were then immediately placed under arrest. All of the prosecution witnesses [46 A.D.2d 915 Page 916]