Legal Opinion
People v. McKenzie
New York Court of Appeals
Decided February 6, 1986PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Defendant has been convicted of criminal possession of a weapon in the second and third degrees. Relying upon Francis v Franklin (471 US —, 105 S Ct 1965), he contends that the statutory presumptions contained in Penal Law § 265.15 (3) and (4), concerning weapon possession and intent to use a weapon unlawfully against another, as well as the charge on the issue, to which no exception was taken, unconstitutionally shifted the burden of proof to him.
In Francis v Franklin (supra), the Supreme Court held that a…
2Cases cited14 opinions
- People v. ContesNew York Court of Appeals · 1983
- Sandstrom v. MontanaSupreme Court of the United States · 1979
- Patterson v. New YorkSupreme Court of the United States · 1977
- Francis v. FranklinSupreme Court of the United States · 1985
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
9 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- People v. FloresAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GalindoNew York Court of Appeals · 2014
- People v. SilerAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of Raquel M.New York Court of Appeals · 2002
37 more not listed; retrieve them via the Exa API.