In People v. Conyers , Darren Conyers was convicted of criminal possession of a controlled substance in the third and fourth degrees and was sentenced to a term of 6-12 years because he was a second-felony offender
Conyers was observed by an officer removing bags of drugs from a paint can and exchanging them for money. At no point did any other person approach the can and attempt to distribute the drugs. (In all, 48 bags of drugs were found inside the container.)
The Bronx County Supreme Court convicted Conyers of criminal possession of a controlled substance based, in part, upon an expert's testimony that the amount of drugs in his possession was "indicative of a dealer, not a buyer." On appeal to the Appellate Division, First Department, Conyers argued that since he was acquitted of the sale charges he couldn't be found guilty of possession with intent to sell. Additionally, he believed the testimony regarding his past drug convictions shouldn't have been considered.
The AD1 didn't buy Conyers' argument and affirmed the outcome based upon the "ample evidence." The appellate court was also of the opinion that the inquiry into Conyers' past crimes had been triggered by his misleading testimony. When Conyers clouded the record, the prosecutor needed to ask what Conyers meant by his statements. As the AD1 noted, Conyers "opened the door to such questions by volunteering the precluded facts."
Of course, that decision sealed the possibility of Conyers' release from the can.
To download a copy of the Appellate Division's decision, please use this link: People v. Conyers