Legal Opinion

People v. Matonti

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1976PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously reversed, on the law and facts, and a new trial granted. Memorandum: Defendant appeals from his conviction of criminal possession of a dangerous weapon in the third degree, contending that (1) due process of law was denied to him by refusal of the trial court to sever his joint trial with his codefendants, (2) his Fifth Amendment right to remain silent upon his arrest was violated by repeated testimony and comments thereon at trial, (3) the court erred in charging the statutory presumption of possession of the gun by defendant who was operating the vehicle wherein it was…

2Cases cited22 opinions

  1. Doyle v. OhioSupreme Court of the United States · 1976
  2. Opper v. United StatesSupreme Court of the United States · 1954
  3. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  4. People v. BornholdtNew York Court of Appeals · 1973
  5. People v. ReismanNew York Court of Appeals · 1971

17 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. VelezAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. GaddyAppellate Division of the Supreme Court of the State of New York · 1983
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. BatesAppellate Division of the Supreme Court of the State of New York · 1977
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1989

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