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The appeals court upheld the conviction. It explained that possession doesn't require holding an item directly. It can be 'constructive,' meaning someone has control over the area where the item is found. The court pointed to Malloy having a key to the apartment, men's clothing in the same bedroom as the gun, and his recorded statement claiming the gun was his. The court also found the search warrant was valid. It said the police affidavit gave enough detail about surveillance and the marijuana found earlier to support probable cause.
Police watched a home in Albany for weeks. They saw a man, Deauntta Malloy, leave several times carrying a black bag. One day, they pulled him over for driving with a revoked license. Inside his bag, they found marijuana packaged in small bags. Using a key from that bag, police entered an apartment and later searched it with a warrant. In a bedroom closet, they found men's clothing and more marijuana. Under the mattress, they found a loaded handgun. A recorded jail phone call captured Malloy telling a woman, 'It's mine,' about the gun.
Malloy was convicted of criminal possession of a weapon. He appealed, arguing there wasn't enough proof he actually controlled the gun, since it wasn't found on him. He also argued the search warrant for the apartment lacked probable cause, meaning police may not have had a good enough reason for a judge to approve it.
This case shows how New York courts define constructive possession using circumstantial evidence, like keys, personal items, and statements. It also reinforces that search warrants get strong deference from appeals courts when police affidavits show a reasonable basis for the search.
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