Legal Opinion
People v. Thomas
Appellate Terms of the Supreme Court of New York
Decided October 30, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated September 21, 1978 (Preminger, J.) reversed, on the law, complaints reinstated, and cases remanded to the Criminal Court, Bronx County, for further proceedings.
In this prosecution for theft of electrical services, the Criminal Court granted defendants’ motion to dismiss upon the ground that the evidentiary presumption con-
*326tained in subdivision 6 of section 165.15 of the Penal Law is unconstitutional (People v Thomas, 95 Misc 2d 289). The presumption permits, but does not require, the trier of the facts to find that a consumer who has accepted or received the…
3Cases cited5 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Eff-Ess, Inc. v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1932
- People v. RobinsonNew York Supreme Court · 1978
- People v. NeissAppellate Division of the Supreme Court of the State of New York · 1980
- People v. ThomasCriminal Court of the City of New York · 1978
4Cited by5 opinions
- Pandolfo v. U.A. Cable Systems of WatertownAppellate Division of the Supreme Court of the State of New York · 1991
- People v. FunchesIllinois Supreme Court · 2004
- People v. MylesAppellate Division of the Supreme Court of the State of New York · 2009
- People v. KochRochester City Court · 1987
- People v. FunchesIllinois Supreme Court · 2004