People v. Simon

I agree that the proof at trial was insufficient to establish beyond a reasonable doubt defendant’s constructive possession of explosives seized from Diana Schofield’s apartment. I write separately, however, to express my view that a reversal is also required because the search warrant upon which the explosives were seized was not supported by probable cause.

Defendant was convicted of criminal possession of a dangerous weapon in the first degree (Penal Law § 265.04), and criminal possession of a weapon in the third degree (Penal Law § 265.02 [2]) based upon the seizure of explosives, pursuant…