Legal Opinion
People v. Figueroa
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1981PublishedCited by 8 opinions
1Opinion of the Court
Judgment of conviction, Supreme Court, Bronx County, rendered March 16, 1979, reversed, on the law and in the exercise of discretion in the interest of justice, and the matter remanded to Supreme Court, Bronx County, for a new trial. Defendant, charged with felonious possession *521of a hand gun, interposed the defense of temporary innocent possession (People v Persce, 204 NY 397, 402). Even though such a defense requires that the People disprove it beyond a reasonable doubt (Penal Law, § 25.00, subd 1), the defendant, for all practical purposes, carried the actual burden because the People’s…
2Cases cited5 opinions
- People v. SandovalNew York Court of Appeals · 1974
- People v. DawsonNew York Court of Appeals · 1980
- People v. . PersceNew York Court of Appeals · 1912
- People v. MaschiAppellate Division of the Supreme Court of the State of New York · 1980
- People v. KittAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by8 opinions
- Davis v. StateCourt of Appeals of Maryland · 1996
- Dey v. ScullyDistrict Court, E.D. New York · 1997
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1984
- People v. RomainAppellate Division of the Supreme Court of the State of New York · 1988
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