People v. Gaines

Appellate Division of the Supreme Court of New York

People v. Gaines

75 A.D.2d 826, 427 N.Y.S.2d 471, 1980 N.Y. App. Div. LEXIS 11422

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

DecidedMay 5, 1980

StatusPublished

This text of 75 A.D.2d 826 (People v. Gaines) 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. Gaines, 75 A.D.2d 826, 427 N.Y.S.2d 471, 1980 N.Y. App. Div. LEXIS 11422 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 8, 1979, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Although intent is not a statutory element of the crime charged, where there is evidence in the record that defendant’s possession of the weapon might have been innocent, the jury should be instructed that it might find such possession to be innocent (see People v Trucchio, 47 AD2d 934). We have considered defendant’s remaining contentions and find them to be without merit. Cohalan, J. P., Hargett, O’Connor and Weinstein, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 8, 1979, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Although intent is not a statutory element of the crime charged, where there is evidence in the record that defendant’s possession of the weapon might have been innocent, the jury should be instructed that it might find such possession to be innocent (see People v Trucchio, 47 AD2d 934). We have considered defendant’s remaining contentions and find them to be without merit. Cohalan, J. P., Hargett, O’Connor and Weinstein, JJ., concur.

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Bluebook (online)

75 A.D.2d 826, 427 N.Y.S.2d 471, 1980 N.Y. App. Div. LEXIS 11422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gaines-nyappdiv-1980.

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