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People v. Caldwell

Court of Appeals of the State of New York
Apr 9, 1969
248 N.E.2d 439 (N.Y. 1969)

Opinion

Argued March 4, 1969

Decided April 9, 1969

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GUSTAVE G. ROSENBERG, J.

Stuart D. Root for appellant.

Frank S. Hogan, District Attorney ( Sybil H. Landau and Michael R. Juviler of counsel), for respondent.


Judgment reversed and a new trial ordered in the following memorandum: Defense counsel sufficiently preserved for this court's review the point that defendant was entitled to an instruction to the jury that it could return a verdict against the defendant for possession of a narcotic drug if it did not believe that a sale had been proved beyond a reasonable doubt ( People v. Malave, 21 N.Y.2d 26).

Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL. Judges SCILEPPI and JASEN dissent and vote to affirm.


Summaries of

People v. Caldwell

Court of Appeals of the State of New York
Apr 9, 1969
248 N.E.2d 439 (N.Y. 1969)
Case details for

People v. Caldwell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARTER CALDWELL…

Court:Court of Appeals of the State of New York

Date published: Apr 9, 1969

Citations

248 N.E.2d 439 (N.Y. 1969)
248 N.E.2d 439
300 N.Y.S.2d 581

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