Constructive possession is decision by trier of fact, not expert State v. Rahmann Reeds (A-103-07) 1-22-09
Defendant suffered undue prejudice from the evidence in the form
of expert testimony opining, in effect, that he constructively
possessed the drugs found in the vehicle he was driving. This
ultimate-issue testimony usurped the jury’s singular role in the
determination of defendant’s guilt and irredeemably tainted the
remaining trial proofs, producing an unjust result in
defendant’s trial.
