People v. De Munn

Appellate Division of the Supreme Court of New York

People v. De Munn

9 A.D.2d 791, 194 N.Y.S.2d 605, 1959 N.Y. App. Div. LEXIS 5813

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

DecidedNovember 30, 1959

StatusPublished

This text of 9 A.D.2d 791 (People v. De Munn) 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. De Munn, 9 A.D.2d 791, 194 N.Y.S.2d 605, 1959 N.Y. App. Div. LEXIS 5813 (N.Y. Ct. App. 1959).

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Opinion

Appeal from a judgment of the Court of Special Sessions of the City of New York, Kings County, sentencing appellant to serve six months after he had been found guilty of unlawfully possessing and having under his control a narcotic drug. Judgment unanimously affirmed. The evidence was sufficient to establish the unlawful possession of the drug by appellant and a codefendant, even though the drug was purchased by the codefendant and was in his physical possession at the time of the arrest (Penal Law, § 2), and the information sufficiently charged possession and control by appellant under such circumstances (cf. People v. Bliven, 112 N. Y. 79; People v. Katz, 209 N. Y. 311). There was sufficient evidence in addition to appellant’s admissions to sustain the conviction (cf. People v. Taleisnik, 225 N. Y. 489, 494; People v. Roach, 215 N. Y. 592, 600). Present — Nolan, P. J., Beldock, Hallinan and Kleinfeld, JJ. Murphy, J., deceased.

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Appeal from a judgment of the Court of Special Sessions of the City of New York, Kings County, sentencing appellant to serve six months after he had been found guilty of unlawfully possessing and having under his control a narcotic drug. Judgment unanimously affirmed. The evidence was sufficient to establish the unlawful possession of the drug by appellant and a codefendant, even though the drug was purchased by the codefendant and was in his physical possession at the time of the arrest (Penal Law, § 2), and the information sufficiently charged possession and control by appellant under such circumstances (cf. People v. Bliven, 112 N. Y. 79; People v. Katz, 209 N. Y. 311). There was sufficient evidence in addition to appellant’s admissions to sustain the conviction (cf. People v. Taleisnik, 225 N. Y. 489, 494; People v. Roach, 215 N. Y. 592, 600). Present — Nolan, P. J., Beldock, Hallinan and Kleinfeld, JJ. Murphy, J., deceased.

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Bluebook (online)

9 A.D.2d 791, 194 N.Y.S.2d 605, 1959 N.Y. App. Div. LEXIS 5813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-munn-nyappdiv-1959.

Opinion

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