Johnson v. Morgenthau

OPINION OF THE COURT

Simons, J.

This appeal questions whether petitioner can be twice prosecuted because of his unlawful possession of a weapon at different times and places during the six days he possessed it. We hold that unlawful possession is a continuing offense and that constitutional double jeopardy principles preclude the second prosecution.

The question arises from these facts.

On February 5, 1985, petitioner and his sister were involved in an altercation in a Bronx apartment during which petitioner fired shots at his sister with his .25 caliber pistol and then fled the scene. He was…