Legal Opinion
People v. Powell
New York Court of Appeals
Decided December 23, 1981PublishedCited by 40 opinions
1Opinion of the Court
*526OPINION OF THE COURT
Meyer, J.
The Trial Judge correctly instructed the jury in a prosecution under subdivision (4) of section 265.02 of the Penal. Law for possession of a loaded firearm that a person’s home, within the meaning of the exclusion from that section, may “extend to facilities shared by several persons not related to each other” but does not encompass a place “to which the public or a substantial group of persons has access”. Reference in the charge, as an aid to the jury, to the definition of “public place” contained in a separate article of the Penal Law, while better left unsaid,…
2Cases cited11 opinions
- Sibron v. New YorkSupreme Court of the United States · 1968
- People v. FrancisNew York Court of Appeals · 1975
- People v. PetersNew York Court of Appeals · 1966
- People v. FrancisAppellate Division of the Supreme Court of the State of New York · 1974
- People v. NeumannNew York Court of Appeals · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1981
- People v. McCurdyAppellate Division of the Supreme Court of the State of New York · 1982
- People v. HernandezNew York Court of Appeals · 2002
- People v. GarrigaAppellate Division of the Supreme Court of the State of New York · 1993
35 more not listed; retrieve them via the Exa API.