Legal Opinion

People v. Davis

Criminal Court of the City of New York

Decided December 31, 1981PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

William D. Friedmann, J.

The defendant moves following a jury trial, pursuant to CPL 330.30 (subd 1) to set aside his conviction of criminal possession of a weapon in the fourth degree (Penal Law, § 265.01, subd [1]).

The sole issues presented are (1) whether this trial court erred in refusing to instruct the jury that subdivision (1) of section 265.01 of the Penal Law should be construed as defining a crime requiring the element of scienter or mental culpability and (2) whether the concealability of a sawed-off shotgun, measuring some 27Vi inches in length, within the…

2Cases cited19 opinions

  1. People ex rel. Darling v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1913
  2. People v. Raso, New York County Courts1958
  3. People v. CohenAppellate Division of the Supreme Court of the State of New York · 1977
  4. People v. CarloAppellate Division of the Supreme Court of the State of New York · 1974
  5. People v. Tracey A., New York County Courts1979

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

3Cited by11 opinions

  1. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. WoodAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. NemadiCriminal Court of the City of New York · 1988
  4. People v. SimonCriminal Court of the City of New York · 1990
  5. People v. MerriweatherNassau County District Court · 1988

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

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