Legal Opinion

People v. Wilt

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

Decided November 7, 1984PublishedCited by 6 opinions

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

  1. Leary v. United StatesSupreme Court of the United States · 1969
  2. Tot v. United StatesSupreme Court of the United States · 1943
  3. People v. LemmonsNew York Court of Appeals · 1976
  4. People v. CastrechinoAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by6 opinions

  1. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. RichNew York Supreme Court · 1987
  3. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1989
  4. CAMPBELL, CARL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2012

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