People v. Newton

This case presents question as to whether govt. proved defendant guilty beyond reasonable doubt on charge of unlawful delivery of controlled substance within 1,000 feet of church, where defendant asserted that govt. failed to show that subject church was operating as church on date of drug transactions. Relevant statute required that govt. show that building in question was used primarily for religious worship, and Appellate Court, in affirming defendant’s conviction, found that govt. had made required showing, where: (1) officer testified that “as far as he knew” building was operating as church at all relevant times of instant offense; and (2) jury could have believed officer’s testimony that he had familiarity with neighborhood.