People v. Di Landri

Appellate Division of the Supreme Court of New York

People v. Di Landri

250 A.D. 52, 293 N.Y.S. 546, 1937 N.Y. App. Div. LEXIS 8267

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1937·Published·Cited by 4 cases

Opinion

Per Curiam.

It cannot be held with any degree of certainty that the revolver which was found on the floor of the car belonged to the defendant or was in his constructive possession rather than in the possession of one of the other occupants of the car. The defendant’s guilt, therefore, was not established beyond a reasonable doubt.

The judgment should be reversed and the information dismissed, and the defendant discharged from custody.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously reversed and the information dismissed, and the defendant discharged from custody.

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Per Curiam.

It cannot be held with any degree of certainty that the revolver which was found on the floor of the car belonged to the defendant or was in his constructive possession rather than in the possession of one of the other occupants of the car. The defendant’s guilt, therefore, was not established beyond a reasonable doubt.

The judgment should be reversed and the information dismissed, and the defendant discharged from custody.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously reversed and the information dismissed, and the defendant discharged from custody.

People v. Di Landri, 250 A.D. 52, 293 N.Y.S. 546, 1937 N.Y. App. Div. LEXIS 8267 (N.Y. Ct. App. 1937).

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Opinion

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