Home/New York Court of Appeals/People v. Tirado

People v. Tirado

348 N.E.2d 608, 38 N.Y.2d 955, 384 N.Y.S.2d 151, 1976 N.Y. LEXIS 2594
CourtNew York Court of Appeals
DecidedMarch 23, 1976
StatusPublished
Cited by71 cases

This text of 348 N.E.2d 608 (People v. Tirado) 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. Tirado, 348 N.E.2d 608, 38 N.Y.2d 955, 384 N.Y.S.2d 151, 1976 N.Y. LEXIS 2594 (N.Y. 1976).

Opinion

Memorandum. Order affirmed, on the opinion of Mr. Presiding Justice Harold A. Stevens at the Appellate Division. With respect to the views in the dissenting opinion at the Appellate Division, the trial court’s charge concerning possession was eminently correct. Possession if joint is no less possession. The circumstances established the operation of a narcotics "factory”, and the inference that the tenant, as well as all those found in the apartment, were engaged in the illicit enterprise, was irresistible and therefore entitled the court to charge as it did and for the jury to find the defendant guilty as it did. There was therefore no need for a statutory presumption.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

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Bluebook (online)
348 N.E.2d 608, 38 N.Y.2d 955, 384 N.Y.S.2d 151, 1976 N.Y. LEXIS 2594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tirado-ny-1976.