neutral
Cited (no substantive treatment)
0.3 score
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Horace Martin
v.
Horace Martin
Appellate Division of the Supreme Court of the State of New York.
Oct 17, 1977.
Published
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 29, 1976, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. On this record, the proof was insufficient to establish appellant’s possession, either actual, constructive or accessorial, of a loaded firearm (see ’ Penal Law, §§ 10.00, subd 8; 20.00, 265.03; People v Torres, 45 AD2d 1042; People v Ledyard, 32 Mise 2d 714). Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.