People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Eiber, J.
The question presented by this appeal is whether defendant’s conviction for criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) must be set aside on the basis that the prosecution failed to affirmatively prove that the illegal possession of a weapon did not take place in defendant’s "home or place of business” even though the issue was not raised, expressly or otherwise, by the defense at trial. Having reviewed the relevant statutory and case-law authority, we conclude that while the prosecution possesses the ultimate burden of proof to…
2Cases cited26 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. HuntleyNew York Court of Appeals · 1965
- People v. PattersonNew York Court of Appeals · 1976
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3Cited by22 opinions
- People v. OkaforeNew York Court of Appeals · 1988
- People v. SantanaNew York Court of Appeals · 2006
- People v. RodriguezNew York Court of Appeals · 1986
- People v. BestAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LaingAppellate Division of the Supreme Court of the State of New York · 2009
17 more not listed; retrieve them via the Exa API.