Legal Opinion
In re Jonathan V.
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2008PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Catterson, J.
This case presents the question of whether the presumption of constructive possession of a firearm can be applied to persons riding on a charter bus that was used to transport an extended family from Staten Island to a violent rendezvous in Harlem. At the outset, we note that as to each appellant, the court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. (See People v Danielson, 9 NY3d 342, 348-349 [2007].) There is no basis for disturbing the court’s determinations concerning credibility.
The record reflects…
2Cases cited18 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- United States v. HarrissSupreme Court of the United States · 1954
- Tot v. United StatesSupreme Court of the United States · 1943
- People v. HavelkaNew York Court of Appeals · 1978
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3Cited by4 opinions
- In re Darnell C.Appellate Division of the Supreme Court of the State of New York · 2009
- People v. BiancaAppellate Division of the Supreme Court of the State of New York · 2012
- People v. J.G.Appellate Division of the Supreme Court of the State of New York · 2016
- In re Timothy B.Appellate Division of the Supreme Court of the State of New York · 2009