![]() For this, there must be evidence that the defendant exercised “dominion or control” over the contraband. In contrast, constructive possession requires a different showing. And possession means to have physical possession or otherwise to exercise dominion or control over tangible property. According to New York law, a person acts knowingly when he is aware that his conduct is of such nature or that such circumstance exists. To be charged with a crime of possession, you must knowingly possess the item. But what happens if you are not physically in possession of the contraband at the time of your arrest? Or what if you’re in a home or a car where illegal items are found? In New York, you can be convicted under the theory of constructive possession. ![]() Namely, this includes drugs, weapons, and stolen property. You can be charged with a variety of crimes for possessing illegal contraband.
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