People v. Unger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment of conviction of the Court of Special Sessions of the City of New York, Borough of Brooklyn, reversed on the facts, information dismissed *742and bail exonerated. We are of opinion that the defendant’s guilt was not established beyond a reasonable doubt. There was not only opportunity but motive on the part of defendant’s people-in-law upon whom defendant was calling to see his child to place the revolver in defendant’s overcoat pocket. The overcoat was out of defendant’s physical possession for more than two hours, and for at least one-half hour it was hanging on a peg in the place of…
2Cited by1 opinion
- People v. TumminaroAppellate Division of the Supreme Court of the State of New York · 1934