Legal Opinion
People v. Aguirre
New York Supreme Court
Decided October 5, 1981PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Nicholas A. Clemente, J.
The defendants are accused of criminal possession of a weapon in the third degree in that on March 24,1981 they both possessed a loaded pistol. Possession is based upon the presence of the weapon in defendants’ automobile pursuant to the presumption which attaches by virtue of subdivision 3 of section 265.15 of the Penal Law. Defendants move to suppress the pistol asserting that there was no basis to stop their vehicle and that in any event the gun was illegally seized. The People oppose the motion as to both defendants. Additionally, citing United…
2Cases cited16 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Jones v. United StatesSupreme Court of the United States · 1960
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- United States v. SalvucciSupreme Court of the United States · 1980
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3Cited by5 opinions
- People v. CastroNew York Supreme Court · 1984
- People v. OcampoNew York Supreme Court · 1985
- People v. MejiaNew York Supreme Court · 1986
- People v. M.New York Supreme Court · 1984
- People v. MillanAppellate Division of the Supreme Court of the State of New York · 1986