Legal Opinion
The People v. Stanley R. Kims, II
New York Court of Appeals
Decided October 23, 2014No. 155PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
On these cross appeals arising from defendant’s convictions for various drug-related crimes, we conclude that defendant was not within “close proximity” to the drugs found in his apartment once he exited the premises and entered his car, where no evidence suggests that he was in immediate flight from the premises in an attempt to escape arrest. Therefore, the trial court erroneously charged the jury on defendant’s knowing criminal possession of drugs under the “drug factory” presumption of Penal Law § 220.25 (2). We further agree with the Appellate Division that,…
2Cases cited29 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. . MolineuxNew York Court of Appeals · 1901
- Maryland v. BuieSupreme Court of the United States · 1990
- Leary v. United StatesSupreme Court of the United States · 1969
- People v. DanielsNew York Court of Appeals · 1975
24 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- The People v. Marcus D. HoganNew York Court of Appeals · 2016
- People v. BaileyNew York Court of Appeals · 2018
- People v. BombardAppellate Division of the Supreme Court of the State of New York · 2020
- People v. RestoAppellate Division of the Supreme Court of the State of New York · 2017
- People v. BrunoAppellate Division of the Supreme Court of the State of New York · 2015
47 more not listed; retrieve them via the Exa API.