People ex rel. De Feo v. Warden

The relators, while riding in an automobile, were intercepted by police officers, who found a revolver under the driver’s seat. The relators were seated in the rear of the automobile. The cases construing the word “ possession ” under section 1897 of the Penal Law make conviction impossible unless there is shown which occupant of the automobile possessed the pistol, and this notwithstanding the fact that its presence in an automobile makes it available for instant use by any of the occupants. (People v. Persce, 204 N. Y. 397; People v. Andreacchi, 221 App. Div. 136; People v. Kevlon, Id.…