Legal Opinion · Concurring in part, dissenting in part
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided August 20, 1979Published
1Concurring in part, dissenting in partShapiro, J.
I agree with the majority that the judgment of conviction should be reversed, but I would go further and dismiss the indictment.
THE ISSUES
1. Was defendant’s guilt proven beyond a reasonable doubt? My answer is "no”. 2. Did the defendant receive a fair trial? Again my answer is "no”.
THE PEOPLE’S CASE
The theory of the prosecution was that the defendant possessed a bag containing heroin which he had thrown onto Warwick Street in the course of a night-time chase of his vehicle by the police. The chase occurred when the defendant’s vehicle "sped away” after being stopped by the police for passing…
2Cases cited6 opinions
- People v. BenzingerNew York Court of Appeals · 1974
- People v. CleagueNew York Court of Appeals · 1968
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1978
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1978
- People v. SibbliesAppellate Division of the Supreme Court of the State of New York · 1978
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