Legal Opinion
People v. Ballard
New York Supreme Court
Decided September 15, 1986PublishedCited by 6 opinions
1Opinion of the Court
*585OPINION OF THE COURT
Rena K. Uviller, J.
This motion to dismiss an indictment poses the recurring and troublesome question of the circumstances under which criminal possession of a weapon recovered in an automobile can be attributed to any or all of its passengers. The unique feature here is that the gun was recovered in the car’s locked trunk; and while there is evidence that the occupants all knew it was there, there was no evidence that any of them had access to the trunk. Does evidence that the occupants of the car knew the gun was in the trunk, and planned to use it, provide the necessary…
2Cases cited25 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- People v. PelchatNew York Court of Appeals · 1984
- People v. McGeeNew York Court of Appeals · 1979
- People v. ReismanNew York Court of Appeals · 1971
- People v. LemmonsNew York Court of Appeals · 1976
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3Cited by6 opinions
- People v. RiveraNew York Supreme Court · 1987
- State v. WilliamsNew Jersey Superior Court Appellate Division · 1998
- People v. FuenteAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GlennAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ManiniAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.