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Matter of Grossman v. City of New York

Court of Appeals of the State of New York
Jul 3, 1980
50 N.Y.2d 1043 (N.Y. 1980)

Summary

holding that defendant's use of a weapon "in a manner which may be charitably characterized as reckless" deprived him of the charge

Summary of this case from People v. Williams

Opinion

Submitted June 2, 1980

Decided July 3, 1980


Motion, insofar as it seeks leave to appeal from so much of the order of the Appellate Division as affirmed the judgment of Supreme Court, entered October 5, 1978, denied; insofar as it seeks leave to appeal from so much of the order of the Appellate Division as dismissed an appeal from an order of Supreme Court entered November 14, 1978, dismissed upon the ground that that portion of the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution, with $20 costs and necessary reproduction disbursements.


Summaries of

Matter of Grossman v. City of New York

Court of Appeals of the State of New York
Jul 3, 1980
50 N.Y.2d 1043 (N.Y. 1980)

holding that defendant's use of a weapon "in a manner which may be charitably characterized as reckless" deprived him of the charge

Summary of this case from People v. Williams

In Williams, the majority squarely rejected the defendant's argument "that he was entitled to the temporary and lawful possession charge because he took possession of the weapon with the intent to use it only in self-defense and because his eventual firing of the gun was justified" (id. at 161, 139 N.Y.S.3d 594, 163 N.E.3d 462).

Summary of this case from People v. Ruiz

secreting gun in a hiding place

Summary of this case from People v. Rose
Case details for

Matter of Grossman v. City of New York

Case Details

Full title:In the Matter of ARTHUR A. GROSSMAN, Appellant, v. CITY OF NEW YORK et…

Court:Court of Appeals of the State of New York

Date published: Jul 3, 1980

Citations

50 N.Y.2d 1043 (N.Y. 1980)
431 N.Y.S.2d 698
409 N.E.2d 1372

Citing Cases

People v. Williams

This Court has long held that criminal possession of a weapon, as proscribed by the Penal Law, " ‘should not…

People v. Ramirez

It is a defense to a charge of criminal possession of a weapon that the possession was innocent - that is,…