Legal Opinion
People v. Bailey
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1990PublishedCited by 4 opinions
1Opinion of the Court
Judgment unanimously reversed on the law and indictment dismissed. Memorandum: On this appeal by defendant from a judgment convicting him of two counts of criminal possession of a weapon in the third degree, we find that the circumstantial evidence is insufficient to support his conviction. At the outset, we note that this case was tried, and the jury instructed, on the theory that defendant constructively possessed the weapon and that, because the evidence against him was wholly circumstantial, defendant’s guilt had to be established to a moral certainty. The People did not object to those…
2Cases cited10 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. FordNew York Court of Appeals · 1985
- People v. MalagonNew York Court of Appeals · 1980
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1975
- People v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1986
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1992
- People v. KillaneAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 2026