What is the test for giving a jury a description of the elements of a constructive possession charge?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gaines, 295 F.3d 293 (2nd Cir. 2002):
Hence, although the charge did not expressly include the phrase "constructive possession," it contained a thorough description of all its elements. No more is required. See United States v. Evangelista, 122 F.3d 112, 116 (2d Cir.1997) ("[D]efendants are entitled only `to have instructions presented which adequately apprise[] the jury of the elements of the crime charged and their defense.'" (second alteration in original)).
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