People v. Kelly

New York Court of Appeals

People v. Kelly

254 N.E.2d 221, 25 N.Y.2d 610, 306 N.Y.S.2d 2, 1969 N.Y. LEXIS 994

DecidedOctober 30, 1969

StatusPublished

This text of 254 N.E.2d 221 (People v. Kelly) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kelly, 254 N.E.2d 221, 25 N.Y.2d 610, 306 N.Y.S.2d 2, 1969 N.Y. LEXIS 994 (N.Y. 1969).

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Opinion

Concur: Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld and Judge Burke dissent and vote to reverse in the following memorandum: Defendant’s guilt was not proved beyond a reasonable doubt. Although the narcotic drug was found in defendant’s apartment in the pocket of a coat belonging to him, the evidence establishes that he did not have exclusive dominion or control of it, that it was hanging on a door in an open room and that any one of a number of persons who were present had ample opportunity to place the drug in the coat pocket.

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Concur: Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld and Judge Burke dissent and vote to reverse in the following memorandum: Defendant’s guilt was not proved beyond a reasonable doubt. Although the narcotic drug was found in defendant’s apartment in the pocket of a coat belonging to him, the evidence establishes that he did not have exclusive dominion or control of it, that it was hanging on a door in an open room and that any one of a number of persons who were present had ample opportunity to place the drug in the coat pocket.

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Bluebook (online)

254 N.E.2d 221, 25 N.Y.2d 610, 306 N.Y.S.2d 2, 1969 N.Y. LEXIS 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-ny-1969.