Legal Opinion
People v. Millan
New York Court of Appeals
Decided May 7, 1987PublishedCited by 112 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
The People charged defendant with criminal possession of a weapon solely on the basis of the statutory presumption of possession (Penal Law § 265.15 [3])1 arising from the fact that the weapon was discovered in the passenger compartment of the taxicab in which he was riding. We hold that under these circumstances the People’s imputation of constructive possession of the weapon to defendant as the predicate for the crime with which he was charged constituted a sufficient basis for defendant to challenge the police conduct in searching the passenger…
2Cases cited27 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Rakas v. IllinoisSupreme Court of the United States · 1979
- Jones v. United StatesSupreme Court of the United States · 1960
- Brown v. IllinoisSupreme Court of the United States · 1975
- Michigan v. LongSupreme Court of the United States · 1983
22 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. WesleyNew York Court of Appeals · 1989
- People v. MayNew York Court of Appeals · 1992
- People v. ScottNew York Court of Appeals · 1992
- People v. GalakNew York Court of Appeals · 1993
107 more not listed; retrieve them via the Exa API.