People v. Adamkiewicz
New York Court of Appeals
I. As a matter of law, the evidence was insufficient to sustain a finding that appellant was guilty beyond a reasonable doubt. II. The court below erred in its application of the statutes involved. (People v. Glassman, 255 App. Div. 997; People v. Razezicz, 206 N. Y. 249; People v. Fitzgerald, 156 N. Y. 253.) III. The court below erred in construing the Penal Law so as to make criminal the possession of a tool or household utensil.
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I. As a matter of law, the evidence was insufficient to sustain a finding that appellant was guilty beyond a reasonable doubt. II. The court below erred in its application of the statutes involved. (People v. Glassman, 255 App. Div. 997; People v. Razezicz, 206 N. Y. 249; People v. Fitzgerald, 156 N. Y. 253.) III. The court below erred in construing the Penal Law so as to make criminal the possession of a tool or household utensil. Possession of a tool or a utensil is a normal occurrence, and a statute which attempts to make such normal conduct unlawful must be clear and definite — otherwise…
1Opinion of the CourtDye, J.
This appeal by permission brings np for review the applicability of section 1897 of the Penal Law to appliances or instruments not mentioned therein and which may be innocently carried or possessed as an article, instrument or tool of ordinary use and yet by their very size, nature and inherently dangerous and lethal characteristics, may be concealed on. the person and capable of inflicting great bodily harm when used unlawfully against another. Because the statute makes unlawful intent a necessary element of the crime, we desire to comment on whether such unlawful intent may be presumed from…
2Cases cited6 opinions
- People v. ShakunNew York Court of Appeals · 1929
- People v. BencNew York Court of Appeals · 1942
- People v. O'GormanNew York Court of Appeals · 1937
- People v. . McPhersonNew York Court of Appeals · 1917
- People v. PanitzAppellate Division of the Supreme Court of the State of New York · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- People v. LeyvaNew York Court of Appeals · 1975
- People v. VetriNew York Court of Appeals · 1955
- Adebowale Oluseyi Adekale A/K/A Ted AdekaleWyoming Supreme Court · 2015
- People v. ScottNew York Court of Appeals · 1970
- People v. McKenzieNew York Court of Appeals · 1986
41 more not listed; retrieve them via the Exa API.