Legal Opinion

People v. Porter

New York Supreme Court

Decided November 2, 1959Published

1Opinion of the CourtNicholas M. Pette, J.

Motion by each defendant for a certificate of reasonable doubt.

Defendants, husband and wife, were jointly indicted in Queens County for violation of subdivisions 2 and 3 of section 1751 of the Penal Law relating to narcotic drugs. The first count, based on subdivision 3, charged them with' felonious possession of a prohibited quantity of cannabis sativa (marijuana), and the second count predicated on subdivision 2, charged them with the same possession, but with intent to sell. After trial in Queens County Court, the jury found the husband not guilty on the first count but guilty on the…

2Cases cited8 opinions

  1. Kercheval v. United StatesSupreme Court of the United States · 1927
  2. Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
  3. People v. GowaskyNew York Court of Appeals · 1927
  4. Wood v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  5. Canizio v. New YorkSupreme Court of the United States · 1946

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