Legal Opinion
People v. Anthony
Appellate Division of the Supreme Court of the State of New York
Decided May 26, 1964PublishedCited by 11 opinions
1Opinion of the Court
Judgment convicting defendant of criminally possessing a pistol as a felony (Penal Law, § 1897), unanimously affirmed. Before enactment of section 1898-a of the Penal Law (now superseded by Penal Law, §§ 1899, 1900), mere presence in an automobile of a pistol and several persons was insufficient to establish constructive possession of the pistol by any of the persons (People v. Di Landri, 250 App. Div. 52; People ex rel. De Feo v. Warden of City Prison, 136 Misc. 836). Thus, the trial court, in the absence of the statutory presumption, would have been incorrect in charging on these facts that…
2Cases cited5 opinions
- People v. RussoAppellate Division of the Supreme Court of the State of New York · 1951
- People ex rel. De Feo v. WardenNew York Supreme Court · 1930
- Smith v. StateTennessee Supreme Court · 1927
- People v. Crenshaw, New York County Courts1951
- People v. Di LandriAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by11 opinions
- People v. HeizmanAppellate Division of the Supreme Court of the State of New York · 1987
- People v. GriffinNew York Supreme Court · 1982
- People v. HunterAppellate Division of the Supreme Court of the State of New York · 1981
- People v. DowdellAppellate Division of the Supreme Court of the State of New York · 1988
- People v. HuntAppellate Division of the Supreme Court of the State of New York · 1986
6 more not listed; retrieve them via the Exa API.