People v. Merrihew

Appellate Division of the Supreme Court of New York

People v. Merrihew

9 A.D.2d 981, 195 N.Y.S.2d 8, 1959 N.Y. App. Div. LEXIS 5295

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

DecidedDecember 31, 1959

StatusPublished

Cited by1 cases

This text of 9 A.D.2d 981 (People v. Merrihew) 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. Merrihew, 9 A.D.2d 981, 195 N.Y.S.2d 8, 1959 N.Y. App. Div. LEXIS 5295 (N.Y. Ct. App. 1959).

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Opinion

Appeal from a judgment of conviction of County Court, Ulster County. The record as now settled by the Trial Judge does not show defendant’s presence before the court when the additional instructions were given by the court to the jury, and we infer from the proceedings taken [982]*982on settlement of the record that he was not then present. (Code Grim. Pro., § 427; People v. Silver, 234 App. Div. 871.) On the new trial the question whether the exhibit offered in evidence was an “ instrument or weapon ” of the “ kind commonly known as a blackjack ” (Penal Law, § 1897, subd. 1) should be specifically submitted to the jury as a fact question, as well as the question whether, aided by the statutory presumption, the People had established as a fact defendant’s possession of the instrument by showing it was in the trunk of his car. Judgment reversed on the law and facts and new trial ordered. Poster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ., concur.

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Appeal from a judgment of conviction of County Court, Ulster County. The record as now settled by the Trial Judge does not show defendant’s presence before the court when the additional instructions were given by the court to the jury, and we infer from the proceedings taken [982]*982on settlement of the record that he was not then present. (Code Grim. Pro., § 427; People v. Silver, 234 App. Div. 871.) On the new trial the question whether the exhibit offered in evidence was an “ instrument or weapon ” of the “ kind commonly known as a blackjack ” (Penal Law, § 1897, subd. 1) should be specifically submitted to the jury as a fact question, as well as the question whether, aided by the statutory presumption, the People had established as a fact defendant’s possession of the instrument by showing it was in the trunk of his car. Judgment reversed on the law and facts and new trial ordered. Poster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ., concur.

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Bluebook (online)

9 A.D.2d 981, 195 N.Y.S.2d 8, 1959 N.Y. App. Div. LEXIS 5295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-merrihew-nyappdiv-1959.

Opinion

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