People v. Moore

Defendant was convicted, after bench trial, of unlawful possession of ammunition by a felon and one count of possession of a controlled substance (cocaine).  State failed to establish that Defendant had exclusive and immediate control of area where contraband was recovered. Defendant was seen jumping out of window of house where contraband was recovered, but no proof that Defendant had immediate control over basement rafters in house, or of living room where bullets were found in desk drawer. Officer did not see Defendant handle contraband or discard anything while emerging through the window. Mail addressed to Defendant at that address, and men’s clothing located in bedroom, were insufficient proof of immediate and exclusive control of those areas. (FITZGERALD SMITH and LAVIN, concurring.)