Legal Opinion
People v. Montgomery
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 1984PublishedCited by 10 opinions
1Opinion of the Court
—Appeal by defendant from a judgment of the Supreme Court, Queens County (Linakis, J.), rendered July 12,1982, convicting him of two counts of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Judgment reversed, on the law, and new trial ordered. No questions of fact have been raised or considered.
The record reveals that defendant was observed by plainclothes officers in an unmarked car, holding, for approximately one minute, what later was found to be a loaded and defaced handgun (Penal Law, § 265.02, subds [3], [4]). During this time he made no…
2Cases cited5 opinions
- People v. AlmodovarNew York Court of Appeals · 1984
- People v. WilliamsNew York Court of Appeals · 1980
- People v. FureyAppellate Division of the Supreme Court of the State of New York · 1961
- People v. TrucchioAppellate Division of the Supreme Court of the State of New York · 1975
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by10 opinions
- People v. RoccaforteAppellate Division of the Supreme Court of the State of New York · 1988
- People v. WhiteheadAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RoseAppellate Division of the Supreme Court of the State of New York · 2021
- In re Nikim A.Appellate Division of the Supreme Court of the State of New York · 1992
- People v. SnyderAppellate Division of the Supreme Court of the State of New York · 1988
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