Legal Opinion
People v. Velasquez
New York Supreme Court
Decided May 5, 1988PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Rena K. Uviller, J.
Is the possession of a defaced firearm (Penal Law § 265.02 [3]) a crime of general or specific intent?1 Must the People *823prove defendant’s actual knowledge of the defacement or is this a crime of strict liability? On the eve of this nonjury trial both parties requested clarification of the prosecutor’s burden, inasmuch as neither New York cases nor statutory commentary address the question directly.
At a minimum, conviction for possession of any weapon requires proof that the possession was knowing, in the sense that the defendant was aware that the…
2Cases cited11 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- People v. LemmonsNew York Court of Appeals · 1976
- People v. AnsareAppellate Division of the Supreme Court of the State of New York · 1983
- People v. DanielsCalifornia Court of Appeal · 1953
- People v. CohenAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by6 opinions
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 2008
- In re John N.Appellate Division of the Supreme Court of the State of New York · 1990
- Oouch v. US DEPT. OF HOMELAND SECURITYCourt of Appeals for the Second Circuit · 2011
- Oouch v. United States Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2011
- State v. AndersonCourt of Appeals of Washington · 1989
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