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*********************************************** 
STATE OF CONNECTICUT v. JEFFREY

ORLANDO CREWE

(AC 40882)

Keller, Moll and Beach, Js.

Syllabus

Convicted, after a jury trial, of the crime of possession of a narcotic substance, the defendant appealed to this court, claiming that the evidence

was insufficient to support his conviction. The defendant’s conviction

stemmed from an incident in which two police officers, C and R, while

patrolling an area known for drug use, located the defendant and two

other individuals, Y and M, inside of a van that was parked behind

bushes. After C observed two bundles of heroin on the center console

next to the defendant’s left leg, the police conducted a search of the

van, which revealed the presence of heroin. Heroin was also found on

the person of M. In prosecuting the case, the state pursued the theory

that although the defendant did not physically possess narcotic substances on his person at the time of the arrest, he constructively possessed at least some of the narcotics found in the van. Held that there

was sufficient evidence for the jury to draw a reasonable inference that

the defendant constructively possessed at least some of the narcotics

to support the defendant’s conviction, as the jury reasonably could have

inferred, on the basis of the totality of the circumstances, that the

defendant knew of the presence of the narcotics in the van and exercised

dominion and control over the narcotics: C testified that the van was

parked in the rear of an otherwise vacant parking lot in broad daylight

and was concealed by a cluster of bushes so that it was not visible from

the street, the area was known for traffic in narcotics, the location of

the van raised C’s suspicions, the defendant quickly reached behind the

driver’s seat as C approached the van, and a subsequent search of the

vehicle revealed that a large bag containing small rubber bands and a

white powder that later tested positive for heroin was present where

the defendant had reached, which supported the inference that the

defendant hastily attempted to conceal the substance he knew was

illegal and exercised dominion and control over it; moreover, other

evidence found at the scene, as well as the wealth of evidence seized

by the officers at the time of the arrest and the testimony of the witnesses,

further provided a sufficient basis for the jury reasonably to find that

the defendant knew that heroin was in the van and that he exercised

dominion and control over at least a portion of it.

Argued March 7—officially released October 15, 2019

Procedural History

Substitute information charging the defendant with

the crimes of possession of a narcotic substance, possession of a narcotic substance with intent to sell, and

conspiracy to possess a narcotic substance with the

intent to sell, brought to the Superior Court in the judicial district of New Haven and tried to the jury before

Klatt, J.; verdict of guilty of possession of a narcotic

substance; thereafter, the court denied the motion filed

by the defendant for a judgment of acquittal; judgment

in accordance with the verdict, from which the defendant appealed to this court. Affirmed.

Timothy H. Everett, assigned counsel, with whom

were Adam Antar, certified legal intern, and, on the

brief, Karen Mitchell, certified legal intern, Julie Moscato, certified legal intern, and Uriel Lloyd, certified

legal intern, for the appellant (defendant).
Lisa A. Riggione, senior assistant state’s attorney,

with whom, on the brief, were Patrick J. Griffin, state’s

attorney, and Robert F. Mullins, assistant state’s attorney, for the appellee (state).
Opinion

BEACH, J. The defendant, Jeffrey Orlando Crewe,

appeals from the judgment of conviction, rendered after

a jury trial, of possession of a narcotic substance in

violation of General Statutes § 21a-279 (a). The defendant’s sole claim on appeal is that the evidence presented at trial was insufficient to support his conviction.

We affirm the judgment of the trial court.

The jury reasonably could have found the following

facts. On August 18, 2014, Hamden Police Officers Greg

Curran and Enrique Rivera were patrolling by bicycle

in the area of Dixwell Avenue and the Farmington Canal

Trail (trail). The officers were assigned to this specific

area in response to reports of bicycle thefts and drug

use by teens and young adults. At approximately 6:12

p.m., Curran and Rivera observed a young man walk

across the trail in a westerly direction toward Dixwell

Avenue and cut through a hole in a six-foot fence that

separated the trail from the adjacent property. Rivera,

who was familiar with the cut in the fence, pointed it

out to Curran because he thought knowledge of the

hole might be useful in a future pursuit situation.

The officers proceeded through the hole in the fence

and entered an adjacent parking lot situated behind

several businesses. Upon approaching the parking lot,

Curran noticed a van parked behind bushes that concealed the van’s presence from passersby on Dixwell

Avenue. Curran testified that ‘‘[i]t was odd for them to

be sitting there so [he] went over to check on them.’’

As Curran approached the van he could see that there

were two people in the front seats.1 As Curran

approached the van, the front seat passenger, later identified as the defendant, quickly reached down behind

the driver’s seat. Curran, for safety concerns, asked the

defendant what he was reaching for. In response, the

defendant held up a used car magazine.

As Curran was talking to the defendant, he noticed

a third individual, later identified as JonMichael Young,

in the back seat. At that point, Young reached down

toward his seat, but Curran asked him to place his

hands on the headrest in front of him. He complied.

Curran questioned the driver, later identified as Lachee

McGee, as to why they were parked in that area. She

said that they were looking for frogs in a nearby puddle.

As Curran was talking to the occupants, he observed

two bundles of heroin on the center console next to

the defendant’s left leg.2 At this point, Rivera

approached the van on bicycle and Curran said ‘‘104’’

to him, which was a police signal indicating that drugs

were present.

Curran asked the defendant to exit the vehicle and

stand near Rivera, and he complied. As the defendant

exited the vehicle, Curran stood at the driver’s window.

He testified that McGee looked down at the center
console and, seeing the bundles of heroin, picked up

the used car magazine that the defendant had displayed

and placed it on top of the bundles of heroin.3 At this

point, Curran asked McGee to turn over the keys to the

vehicle. Curran then was able to take possession of the

drugs that he had seen on the center console.4 The

remaining occupants of the van were removed from the

vehicle and were detained by other officers who had

arrived on the scene.5 The police searched the defendant and found nothing of note on his person.

When McGee exited the van and was patted down,

police observed a small pink glassine bag sticking out

of the front of her pants. The bag resembled the bags

found on the center console. When McGee was asked if

she had any other drugs in her possession, she answered

positively and said that she had shoved drugs down the

front of her pants. A female officer who had been called

to the scene retrieved the drugs from the front of

McGee’s pants. The officers seized nine bags of narcotics from the person of McGee. Curran continued to

search the vehicle and discovered several other bags

of heroin on top of the center console, as well as a

bottle of a substance known as Super Mannitol.6

In

total, twenty-five pink glassine bags were retrieved from

the center console. A search of the back seat revealed

a white dinner plate, two metal strainers, sixty pink

glassine bags each filled with a substance that later

field-tested positive as heroin, and a Ziploc type of bag

with a large amount of the same substance. Rivera also

found bags stuffed between the seats in the rear passenger area of the van where Young had been sitting. On

the basis of his training and experience, Curran believed

that he had interrupted the occupants while they were

mixing the heroin with the Super Mannitol in order to

package the narcotics for sale.

The police seized ninety-four small bags and one

larger bag, all containing heroin. At trial, the seized

evidence was introduced as five exhibits as follows: (1)

twenty-five pink glassine bags containing powder that

tested positive for heroin and Super Mannitol and

weighed 1.09 grams; (2) sixty pink glassine bags that

tested positive for heroin and weighed 2.415 grams and

contained Super Mannitol; (3) a Ziploc bag containing

powder that tested positive for heroin and weighed

1.892 grams; (4) a white bottle containing Super Mannitol, a mixing agent, which contained no controlled substance; and (5) nine pink glassine bags containing powder that tested positive for heroin and weighed .399

grams.

The defendant was charged with possession of a narcotic substance in violation of § 21a-279 (a), possession

of a narcotic substance with the intent to sell in violation

of General Statutes § 21a-277 (a), and conspiracy to

possess a narcotic substance with the intent to sell in

violation of General Statutes §§ 53a-48 and 21a-277 (a).
A jury convicted the defendant of possession of a narcotic substance and acquitted him of the remaining two

counts. The court imposed a sentence of seven years

of incarceration, execution suspended, and three years

of probation.

On appeal, the defendant claims that the evidence

at trial was insufficient to sustain his conviction of

possession of a narcotic substance on the theory of

nonexclusive constructive possession. The state argues

that there was ample evidence that the defendant knew

the character of the narcotic substances and exercised

dominion and control over at least some of the narcotics

in the vehicle. We agree with the state.

‘‘The standard of review employed in a sufficiency

of the evidence claim is well settled. [W]e apply a two

part test. First, we construe the evidence in the light

most favorable to sustaining the verdict. Second, we

determine whether upon the facts so construed and the

inferences reasonably drawn therefrom the [finder of

fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a

reasonable doubt. . . . This court cannot substitute its

own judgment for that of the [finder of fact] if there

is sufficient evidence to support the [finder of fact’s]

verdict.’’ (Internal quotation marks omitted.) State v.

Andriulaitis, 169 Conn. App. 286, 292, 150 A.3d 720

(2016).

Section 21a-279 (a) (1) provides: ‘‘Any person who

possesses or has under such person’s control any quantity of any controlled substance, except less than onehalf ounce of a cannabis-type substance and except as

authorized in this chapter, shall be guilty of a class A

misdemeanor.’’

‘‘[T]he jury must find every element proven beyond

a reasonable doubt in order to find the defendant guilty

of the charged offense, [but] each of the basic and

inferred facts underlying those conclusions need not

be proved beyond a reasonable doubt. . . . If it is reasonable and logical for the jury to conclude that a basic

fact or an inferred fact is true, the jury is permitted to

consider the fact proven and may consider it in combination with other proven facts in determining whether

the cumulative effect of all evidence proves the defendant guilty of all elements of the crime charged beyond

a reasonable doubt. . . .

‘‘Moreover, it does not diminish the probative force

of the evidence that it consists, in whole or in part, of

evidence that is circumstantial rather than direct. . . .

It is not one fact . . . but the cumulative impact of

a multitude of facts which establishes guilt in a case

involving substantial circumstantial evidence. . . . In

evaluating evidence, the [jury] is not required to accept

as dispositive those inferences that are consistent with

the defendant’s innocence. . . . The [jury] may draw
whatever inferences from the evidence or facts established by the evidence [that] it deems to be reasonable

and logical. . . .

‘‘Finally, on appeal, we do not ask whether there is

a reasonable view of the evidence that would support

a reasonable hypothesis of innocence. We ask, instead,

whether there is a reasonable view of the evidence that

supports the jury’s verdict of guilty.’’ (Citation omitted;

internal quotation marks omitted.) State v. Leniart, 166

Conn. App. 142, 170, 140 A.3d 1026 (2016), rev’d on

other grounds, 333 Conn. 88, A.3d (2019).

In the prosecution of the present case, the state pursued the theory that, although the defendant did not

physically possess narcotics on his person at the time

of the arrest, he constructively possessed at least some

of the narcotics in the van. ‘‘[T]o prove illegal possession of a narcotic substance, it is necessary to establish

that the defendant knew the character of the substance,

knew of its presence and exercised dominion and control over it. . . . Where . . . the contraband is not

found on the defendant’s person, the state must proceed

on the alternate theory of constructive possession, that

is, possession without direct physical contact. . . .

Where the defendant is not in exclusive possession of

the [place] where the narcotics are found, it may not

be inferred that [the defendant] knew of the presence

of the narcotics and had control over them, unless there

are other incriminating statements or circumstances

tending to buttress such an inference. . . . [T]he state

had to prove that the defendant, and not some other

person, possessed a substance that was of narcotic

character with knowledge both of its narcotic character

and the fact that he possessed it.’’ (Citation omitted;

internal quotation omitted.) State v. Walcott, 184 Conn.

App. 863, 873, 196 A.3d 379 (2018).

‘‘[I]t is a function of the jury to draw whatever inferences from the evidence or facts established by the

evidence it deems to be reasonable and logical. . . .

Because [t]he only kind of an inference recognized by

the law is a reasonable one . . . any such inference

cannot be based on possibilities, surmise or conjecture.

. . . It is axiomatic, therefore, that [a]ny [inference]

drawn must be rational and founded upon the evidence.

. . . However, [t]he line between permissible inference

and impermissible speculation is not always easy to

discern. When we infer, we derive a conclusion from

proven facts because such considerations as experience, or history, or science have demonstrated that

there is a likely correlation between those facts and the

conclusion. If that correlation is sufficiently compelling,

the inference is reasonable. But if the correlation

between the facts and the conclusion is slight, or if a

different conclusion is more closely correlated with the

facts than the chosen conclusion, the inference is less

reasonable. At some point, the link between the facts
and the conclusion becomes so tenuous that we call it

speculation. When that point is reached is, frankly, a

matter of judgment. . . .

‘‘[P]roof of a material fact by inference from the circumstantial evidence need not be so conclusive as to

exclude every other hypothesis. It is sufficient if the

evidence produces in the mind of the trier a reasonable

belief in the probability of the existence of the material

fact. . . . Thus, in determining whether the evidence

supports a particular inference, we ask whether the

inference is so unreasonable as to be unjustifiable. . . .

In other words, the inference need not be compelled

by the evidence; rather, the evidence need only be reasonably susceptible of such an inference. Equally well

established is our holding that a jury may draw factual

inferences on the basis of already inferred facts. . . .

Moreover, [i]n viewing evidence which could yield contrary inferences, the jury is not barred from drawing

those inferences consistent with guilt and is not

required to draw only those inferences consistent with

innocence.’’ (Internal quotation marks omitted.) State

v. Niemeyer, 258 Conn. 510, 518–19, 782 A.2d 658 (2001).

Additionally, ‘‘[w]e do not sit as the ‘seventh juror’

when we review the sufficiency of the evidence . . .

rather, we must determine, in the light most favorable

to sustaining the verdict, whether the totality of the

evidence, including reasonable inferences therefrom,

supports the jury’s verdict of guilt beyond a reasonable

doubt. Moreover, [i]n reviewing the jury verdict, it is

well to remember that [j]urors are not expected to lay

aside matters of common knowledge or their own

observation and experience of the affairs of life, but,

on the contrary, to apply them to the evidence or facts

in hand, to the end that their action may be intelligent

and their conclusions correct.’’ (Citation omitted; internal quotation marks omitted.) State v. Ford, 230 Conn.

686, 693, 646 A.2d 147 (1994).

In the present case, there was sufficient evidence to

support the inference that the defendant constructively

possessed narcotics. Curran testified that the van was

parked in the rear of an otherwise vacant parking lot

in broad daylight and was concealed by a cluster of

bushes so that it was not visible from the street. The

area was known for traffic in narcotics. The location

of the van raised Curran’s suspicions, as he thought it

was unusual for a vehicle to be parked in such a manner.

The secluded and screened location could have been

selected to avoid detection. Additionally, as Curran

approached the vehicle, the defendant quickly reached

behind the driver’s seat. A subsequent search of the

vehicle revealed that a large Ziploc bag containing small

rubber bands and a white powder that later tested positive for heroin was present where the defendant had

reached.7 The evidence seized from behind the driver’s

seat further supported the inference that the defendant
hastily attempted to conceal the substance he knew

was illegal and exercised dominion and control over it.

Other evidence found at the scene further supported

an inference that the defendant exercised dominion and

control over at least some of the narcotics. Located

directly next to the defendant near the center console

of the vehicle were two bundles of heroin, several individual bags of heroin, and a bottle of Super Mannitol.

Additionally, a subsequent search of the back seat of the

vehicle yielded a white dinner plate, two metal strainers,

sixty pink glassine bags filled with heroin, and a larger

Ziploc type of bag that also contained heroin. These

items customarily were used in the packaging of heroin.

In total, ninety-four individual small glassine bags were

found, along with the larger Ziploc type of bag. Curran

testified that he believed that he had interrupted the

occupants of the van while they were using the sifters

in the process of mixing the heroin with the Super

Mannitol to package the narcotics for sale.

We conclude that there was sufficient evidence for

the jury to draw a reasonable inference that the defendant constructively possessed at least some of the narcotics found in the van. As noted, this court gives deference to inferences made by a jury, so long as those

inferences are not so unreasonable as to be unjustifiable. The wealth of evidence seized by the officers at

the time of arrest and the testimony of the witnesses

provided a sufficient basis for the jury reasonably to

find that the defendant knew that heroin was in the

van and that he exercised control over at least a portion

of it. Although some factors, viewed in a vacuum, might

militate against a finding of constructive possession,

the jury reasonably could have inferred on the basis of

the totality of the circumstances that the defendant

knew of the presence of the narcotics in the van and

that he exercised dominion and control over narcotics.8

The defendant relies primarily on State v. Fermaint,

91 Conn. App. 650, 881 A.2d 539, cert. denied, 276 Conn.

922, 888 A.2d 90 (2005), to support his contention that

the evidence presented at trial was insufficient to establish that he was in constructive possession of the heroin

found in the van at the time of his arrest. In Fermaint,

the police received a tip from a confidential informant

that the owner of a vehicle possessed crack cocaine

and that she was accompanied by two males, one of

whom the informant identified as ‘‘Hector.’’ Id., 652.

After locating and stopping the vehicle, officers

observed the occupants of the vehicle engaging in furtive movements, including the defendant’s bending

from the back seat toward the front seat passenger. Id.

As one officer approached, the front seat passenger

was observed putting something in her pants. Id. An

officer observed several crumbs of a rock like substance, which later tested positive for cocaine, on the

back seat next to the defendant. Id., 652–53. The officer
testified that it was possible that the defendant could

have sat in the back seat without noticing the crumbs.

Id., 653 n.3. A green leafy substance, later found to be

marijuana, was found in the front carpet area. Id., 653.

A plastic bag containing a large rock like substance,

which tested positive for cocaine, and $120 were found

on the person of the front passenger. Id. An address

book and $2 were found on the person of the defendant,

but no drugs. Id., 653. This court reversed the trial

court’s judgment revoking the defendant’s probation.

Id., 650. It held that the minimal nexus between the

defendant and the drugs, along with the perhaps ambiguous movements observed by the officers, was insufficient to establish constructive possession of a narcotic

substance. Id., 662–63.

Review of a claim of insufficient evidence is necessarily fact specific and, as stated previously, the evaluation

of the strength of inferences involves an exercise of

judgment. The facts of the present case are different

from those of Fermaint. We previously noted that

‘‘[w]here the defendant is not in exclusive possession

of the [place] where the narcotics are found, it may not

be inferred that [the defendant] knew of the presence

of the narcotics and had control over them, unless there

are other incriminating statements or circumstances

tending to buttress such an inference.’’ (Internal quotation marks omitted.) State v. Walcott, supra, 184 Conn.

App. 873. Sufficient incriminating circumstances exist

in the present case. As in Fermaint, the defendant here

moved furtively upon being approached by police, but

there was considerably more evidence that he was

aware of the presence of heroin. Unlike in Fermaint,

the defendant was found in a vehicle that was parked

in an unusual location in an area known for drug traffic

and was concealed from the street by bushes. Further,

the amount of narcotics located next to the defendant

in Fermaint appeared to have been trace amounts that

easily could have been overlooked; here, two bundles

of heroin, each containing ten individual baggies, were

found immediately next to the defendant’s leg. A bottle

of Super Mannitol was located next to the defendant.

Other items commonly used in the packaging of heroin

were found in the van.

Viewing the evidence in its totality and in the light

most favorable to sustaining the jury’s verdict, we conclude that there was sufficient evidence for the jury

reasonably to have drawn the inference that the defendant constructively possessed heroin.

The judgment is affirmed.

In this opinion the other judges concurred.

1 Curran testified that the weather was bright.

2 Curran had received special training on how narcotics are packaged and

how to identify narcotics. Curran testified that the bundles of heroin he

observed on the center console of the van were packed in pink glassine bags.

3 Curran further testified that McGee appeared very nervous when Curran

asked the defendant to exit the van.
4 While Curran was taking possession of the drugs on the center console,

his finger hit one of the bundles and knocked it to the passenger side floor.

He was able to retrieve this bundle upon a subsequent search of the car.

5 Because they were on bicycles and did not have any way to secure the

detained individuals, Curran and Rivera requested backup.

6 Curran testified that Super Mannitol is commonly used as a mixing agent

that is added to increase the volume of heroin.

7 Rivera found a white dinner plate and two metal sifters behind the

driver’s seat.

8 We also note that the other two occupants of the van likewise attempted

hastily to conceal narcotics from the officers. As stated in United States v.

Batista-Polanco, 927 F.2d 14, 18 (1st Cir. 1991), ‘‘the factfinder may fairly

infer . . . that it runs counter to human experience to suppose that criminal

conspirators would welcome innocent nonparticipants as witnesses to

their crimes.’’