Legal Opinion

People v. Wilson

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

Decided June 24, 1996PublishedCited by 6 opinions

1Opinion of the Court

The People contend that the County Court erred in dismiss*709ing the indictment charging the defendant with criminal possession of a weapon in the third degree based upon the prosecutor’s failure to instruct the jury on the defense of temporary and innocent possession of the weapon. We agree. It is well settled that a prosecutor should instruct the Grand Jury on any complete defense supported by the evidence which has the potential " ' "for eliminating a needless or unfounded prosecution” ’ ” (People v Mitchell, 82 NY2d 509, 514; People v Lancaster, 69 NY2d 20, 27; People v Hosein, 221 AD2d 563).…

2Cases cited8 opinions

  1. People v. LancasterNew York Court of Appeals · 1986
  2. People v. WilliamsNew York Court of Appeals · 1980
  3. People v. MitchellNew York Court of Appeals · 1993
  4. People v. BanksNew York Court of Appeals · 1990
  5. People v. WhiteheadAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by6 opinions

  1. People v. BryanAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. GrantAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. TunitAppellate Division of the Supreme Court of the State of New York · 2017
  4. People v. JimenezAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. GrantAppellate Division of the Supreme Court of the State of New York · 2014

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