People v. Gunther

Appellate Division of the Supreme Court of New York

People v. Gunther

284 A.D. 990, 135 N.Y.S.2d 284, 1954 N.Y. App. Div. LEXIS 4330

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

DecidedNovember 29, 1954

StatusPublished

This text of 284 A.D. 990 (People v. Gunther) 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. Gunther, 284 A.D. 990, 135 N.Y.S.2d 284, 1954 N.Y. App. Div. LEXIS 4330 (N.Y. Ct. App. 1954).

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Opinion

-Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of the crime of petit larceny, and from the sentence thereon. Judgment reversed on the law and the facts, and information dismissed. Appellant was convicted, with two codefendants, of the theft of an overcoat, on circumstantial evidence that he and his codefendants had the coat in their possession several hours after it was taken from the possession of its owner. The evidence against appellant was, in our [991]*991opinion, neither clear nor convincing, nor was it of a character sufficient to exclude reasonable inferences other than that of recent and exclusive possession by appellant. (Cf. People v. Foley, 307 N. Y. 490.) No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment. Nolan, P. J., Adel, MacCrate, Schmidt and Beldoek, JJ., concur.

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-Appeal from a judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting appellant of the crime of petit larceny, and from the sentence thereon. Judgment reversed on the law and the facts, and information dismissed. Appellant was convicted, with two codefendants, of the theft of an overcoat, on circumstantial evidence that he and his codefendants had the coat in their possession several hours after it was taken from the possession of its owner. The evidence against appellant was, in our [991]*991opinion, neither clear nor convincing, nor was it of a character sufficient to exclude reasonable inferences other than that of recent and exclusive possession by appellant. (Cf. People v. Foley, 307 N. Y. 490.) No separate appeal lies from the sentence, which has been reviewed on the appeal from the judgment. Nolan, P. J., Adel, MacCrate, Schmidt and Beldoek, JJ., concur.

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Bluebook (online)

284 A.D. 990, 135 N.Y.S.2d 284, 1954 N.Y. App. Div. LEXIS 4330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gunther-nyappdiv-1954.

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