Ever wonder what's stored in the deepest recesses of your neighbor's garage?
Based on a recently reported decision, there may be cause for concern. It appears that some people are harboring a lot more than automobiles and common household items.
In People v. Huertas, the garage in which Mr. Huertas was arrested was being used for growing marijuana. In addition to his conceded knowledge of that activity, "high intensity lights and other accouterments found in the garage" by police officers confirmed that the premises were being used for illegal purposes. Yet, a conviction for criminal possession in the first degree and a one-year prison sentence were reversed on appeal by the Appellate Division, First Department.
Apparently, the prosecutor was unable to demonstrate that Mr. Huertas "exercised dominion and control over the contraband found in the garage such that it could be concluded that he possessed it...." Although he was standing inside the garage when arrested by police officers, since the government could not prove Huertas was somehow connected to the illegal activity, his mere presence was insufficient to serve as a basis for a conviction.
Has the appellate court opened the door to a "just visiting" defense? While it's unclear from the decision what Mr. Huertas was doing on the property (or his connection to the space) at the time of his arrest, it's our guess he was just looking to borrow a cup of sugar.
For a copy of the Appellate Division's decision in People v. Huertas, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_06922.htm