People v. Di Maggio
This text of 221 A.D. 17 (People v. Di Maggio) 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.
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There is no evidence that the defendant had a revolver upon or near his person, nor of any conspiracy between him and the persons upon whom revolvers were found. There was no basis for a finding that the defendant was in possession or control of a revolver directly or as a conspirator.
For these reasons the judgment appealed from should be reversed and the indictment dismissed.
McAvor, Martin and Proskauer, JJ., concur; Finch and Merrell, JJ., dissent.
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Cite This Page — Counsel Stack
221 A.D. 17, 222 N.Y.S. 593, 1927 N.Y. App. Div. LEXIS 6362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-di-maggio-nyappdiv-1927.