Legal Opinion
People v. Martinez
New York Supreme Court
Decided August 10, 1987PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
William D. Friedmann, J.
Defendants Huáscar Pimental, Lenny Wiesnin and Estuardo *666Martinez, passengers in a moving automobile, are charged along with others with criminal possession of a controlled substance and using drug paraphernalia (Penal Law §§ 220.16, 220.09, 220.50) on the basis of the statutory presumption of possession in Penal Law § 220.25 (1) which provides that "the presence of a controlled substance in an automobile” is presumptive evidence of knowing possession by occupants of the automobile. (See, People v Leyva, 38 NY2d 160.)
The charges arise from the fact…
2Cases cited10 opinions
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Jones v. United StatesSupreme Court of the United States · 1960
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- United States v. SalvucciSupreme Court of the United States · 1980
- People v. BerriosNew York Court of Appeals · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. WesleyNew York Court of Appeals · 1989
- People v. WayNew York Supreme Court · 1990
- Lyons v. LyonsNew York Supreme Court · 2015
- People v. WesleyNew York Court of Appeals · 1989