People v. Daniels

Appellate Division of the Supreme Court of New York

People v. Daniels

5 A.D.2d 997, 177 N.Y.S.2d 732, 1958 N.Y. App. Div. LEXIS 6296

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1958

StatusPublished

This text of 5 A.D.2d 997 (People v. Daniels) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Daniels, 5 A.D.2d 997, 177 N.Y.S.2d 732, 1958 N.Y. App. Div. LEXIS 6296 (N.Y. Ct. App. 1958).

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Opinion

Appellant was convicted in the Court of Special Sessions of the City of New York, Borough of Queens, of (1) possessing a narcotic drug in violation of section 3305 of the Public Health Law and section 1751-a of the Penal Law, and (2) possessing instruments adapted to the use of narcotic drugs in violation of section 1747-d of the Penal Law, and was sentenced to serve 60 days. The appeal is from the judgment of conviction and from the sentence. Judgment reversed on the law and the facts and information dismissed. In our opinion the proof adduced fails to establish appellant’s guilt beyond a reasonable doubt. (People v. Perry, 2 N Y 2d 785.) The proof of possession of the narcotics or the instruments was not shown to be conclusive. (People v. Leavitt, 301 N. Y. 113; People v. Wolosky, 296 N. Y. 236; People v. Rosen, 294 N. Y. 761.) No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment of conviction.

Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Appellant was convicted in the Court of Special Sessions of the City of New York, Borough of Queens, of (1) possessing a narcotic drug in violation of section 3305 of the Public Health Law and section 1751-a of the Penal Law, and (2) possessing instruments adapted to the use of narcotic drugs in violation of section 1747-d of the Penal Law, and was sentenced to serve 60 days. The appeal is from the judgment of conviction and from the sentence. Judgment reversed on the law and the facts and information dismissed. In our opinion the proof adduced fails to establish appellant’s guilt beyond a reasonable doubt. (People v. Perry, 2 N Y 2d 785.) The proof of possession of the narcotics or the instruments was not shown to be conclusive. (People v. Leavitt, 301 N. Y. 113; People v. Wolosky, 296 N. Y. 236; People v. Rosen, 294 N. Y. 761.) No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment of conviction.

Nolan, P. J., Wenzel, Beldoek, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

5 A.D.2d 997, 177 N.Y.S.2d 732, 1958 N.Y. App. Div. LEXIS 6296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daniels-nyappdiv-1958.

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