People v. Maldonado

Defendant was convicted, after bench trial, of three counts of unlawful use or possession of ammunition by a felon and possession of a controlled substance with intent to deliver heroin, and sentenced to 3 years intensive drug probation. State failed to prove beyond a reasonable doubt that Defendant had constructive possession of ammunition (found in kitchen of residence) and heroin (found inside a statue on nightstand). State failed to present direct evidence establishing Defendant's control over premises, and failed to present any evidence that Defendant had knowledge of contraband found in residence. Defendant was not present when search warrant was executed, and State presented no admissions by Defendant as to his residency. One receipt and two pieces of unopened mail with Defendant's name and address of location searched is insufficient evidence to establish proof of control. (NEVILLE and LIU, concurring.)