Legal Opinion

People v. Curinaj

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1978PublishedCited by 7 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County, rendered on May 4, 1977, convicting defendant, after jury trial, of criminal possession of a weapon in the second degree, reversed, on the law and as a matter of discretion in the interest of justice, and a new trial directed. Under the circumstances the court should have charged the jury, as requested, that temporary possession of a weapon, properly explained, does not constitute a crime. (People v Messado, 49 AD2d 560.) Acquittal on the attempted murder and assault counts and conviction on the weapon possession count did not, however, constitute a…

2Cases cited3 opinions

  1. People v. BullisAppellate Division of the Supreme Court of the State of New York · 1968
  2. People v. CwiklaAppellate Division of the Supreme Court of the State of New York · 1977
  3. People v. MessadoAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by7 opinions

  1. People v. ColonAppellate Terms of the Supreme Court of New York · 1981
  2. People v. NenniAppellate Division of the Supreme Court of the State of New York · 1979
  3. People v. CurinajAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1980
  5. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2025

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