People v. Kevlon

This appeal involves the construction of section 1944 of the Penal Law, which.requires increased punishment for one who commits a felony while armed with a pistol, or one of other specified weapons. The precise question presented is whether within the purview of this statute the possession of a weapon by one of two or more principals is to be deemed the possession of each and every person concerned in the felony.

Section 1944 of the Penal Law (as added by Laws of 1926, chap. 705), in so far as material, provides:

“ Sec. 1944. Committing felony while armed. If any person while in the act of…