People v. Phiefer

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR PHIEFER…

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

Date published: Nov 29, 1976

54 A.D.2d 986 (N.Y. App. Div. 1976)

Opinion

November 29, 1976

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 26, 1975 (the date on the clerk's extract is September 8, 1975), convicting him of possession of weapons, etc., as a felony, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion.

Hopkins, Acting P.J., Latham, Titone and Hawkins, JJ., concur; Martuscello, J., dissents and votes to reverse the judgment and dismiss the indictment, with the following memorandum:

In my opinion, the People failed to prove, beyond a reasonable doubt, that defendant possessed a gun.