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People v. Di Landri

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1937
250 App. Div. 52 (N.Y. App. Div. 1937)

Opinion

February 26, 1937.

Appeal from Court of Special Sessions of the City of New York, County of New York.

David M. Markowitz, attorney for the appellant.

Erwin N. Schapira of counsel [ William Copeland Dodge, District Attorney], for the respondent.

Present — MARTIN, P.J., TOWNLEY, GLENNON, UNTERMYER and DORE, JJ.


It cannot be held with any degree of certainty that the revolver which was found on the floor of the car belonged to the defendant or was in his constructive possession rather than in the possession of one of the other occupants of the car. The defendant's guilt, therefore, was not established beyond a reasonable doubt.

The judgment should be reversed and the information dismissed, and the defendant discharged from custody.


Judgment unanimously reversed and the information dismissed, and the defendant discharged from custody.


Summaries of

People v. Di Landri

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1937
250 App. Div. 52 (N.Y. App. Div. 1937)
Case details for

People v. Di Landri

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE DI LANDRI…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 26, 1937

Citations

250 App. Div. 52 (N.Y. App. Div. 1937)
293 N.Y.S. 546

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