People v. Wilt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: *1090Defendant, tried jointly with Richard Castrechino (see People v Castrechino, 105 AD2d 1089) was convicted of two counts of criminal possession of a weapon in the third degree. The evidence against defendant consisted of proof that police found a loaded gun in the trunk of the automobile driven by defendant in which Castrechino was a passenger. The statutory presumption of possession set forth in subdivision 3 of section 265.15 of the Penal Law provides: “The presence in an automobile, other than a…
2Cases cited4 opinions
- Leary v. United StatesSupreme Court of the United States · 1969
- Tot v. United StatesSupreme Court of the United States · 1943
- People v. LemmonsNew York Court of Appeals · 1976
- People v. CastrechinoAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by6 opinions
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RichNew York Supreme Court · 1987
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1989
- CAMPBELL, CARL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2012
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