Legal Opinion
People v. Diaz
New York Supreme Court
Decided March 23, 1981PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Sheldon S. Levy, J.
If a plastic bag of narcotics is found on the outside sill of a broken kitchen window, is it “in open view in a room”, within the meaning of subdivision 2 of section 220.25 of the Penal Law (commonly known as the “room presumption for criminal possession of a controlled substance”)? The answer to this question is of first impression, and similar questions will arise with increasing frequency as law enforcement officials continue to spotlight the proliferation of narcotics trade in this city and State and augment efforts to combat it.
Subdivision 2 of…
2Cases cited7 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- People v. DanielsNew York Court of Appeals · 1975
- People v. LemmonsNew York Court of Appeals · 1976
- People v. LeyvaNew York Court of Appeals · 1975
- State v. KaaheenaHawaii Supreme Court · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1984
- People v. FrazierAppellate Division of the Supreme Court of the State of New York · 1988
- People v. LivingstonNew York Supreme Court · 1987