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People v. Williams

Court of Appeals of the State of New York
Nov 21, 1977
372 N.E.2d 328 (N.Y. 1977)

Opinion

Argued October 14, 1977

Decided November 21, 1977

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD DUBIN, J.

Andrew E. Abraham and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (David Zucker of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the majority in that court that there was sufficient evidence to sustain the conviction for possession of a weapon. Police attention had been drawn to defendant's behavior about 3:50 A.M. on December 20. He was observed to crouch down beside the left front wheel of the Volkswagen van, to take something from beneath his overcoat and to place it under the front wheel. When defendant proceeded a short distance down the street to the corner, one of the officers went immediately to the spot where defendant had been and found the sawed-off shotgun under the left front wheel. There was nothing else under the wheel and no one else in the area. Proof of such circumstances supports the conclusion that defendant had been in possession of the sawed-off shotgun.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed in a memorandum.


Summaries of

People v. Williams

Court of Appeals of the State of New York
Nov 21, 1977
372 N.E.2d 328 (N.Y. 1977)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AL WILLIAMS, Also…

Court:Court of Appeals of the State of New York

Date published: Nov 21, 1977

Citations

372 N.E.2d 328 (N.Y. 1977)
372 N.E.2d 328
401 N.Y.S.2d 487

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