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People v. Rodriguez

Court of Appeals of the State of New York
Jul 1, 1986
68 N.Y.2d 674 (N.Y. 1986)
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Summary

In Rodriguez, the Court of Appeals concluded that the "home or place of business" exception in criminal possession of a firearm in the third degree (Penal Law § 265.02 [4]), was an element of the crime, to be pleaded and proven by the prosecution, not the defendant.

Summary of this case from People v. Romano
See 2 Summaries

Opinion

Argued June 2, 1986

Decided July 1, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, William J. Deeley, J.

Abigail Everett and Philip L. Weinstein for appellant.

Andrew J. Frisch and Barbara D. Underwood for respondent.

Order reversed and indictment dismissed for reasons stated in the dissenting opinion of Justice Leon D. Lazer at the Appellate Division ( 113 A.D.2d 337, 343-348).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.

Summaries of

People v. Rodriguez

Court of Appeals of the State of New York
Jul 1, 1986
68 N.Y.2d 674 (N.Y. 1986)

In Rodriguez, the Court of Appeals concluded that the "home or place of business" exception in criminal possession of a firearm in the third degree (Penal Law § 265.02 [4]), was an element of the crime, to be pleaded and proven by the prosecution, not the defendant.

Summary of this case from People v. Romano

In People v. Rodriguez (68 N.Y.2d 674, supra), the court reversed defendant's conviction for criminal possession of a weapon in the third degree and dismissed the indictment on the basis of Justice Lazer's dissent (113 A.D.2d 337, 343-348), which stated (at 348) that "inasmuch as defendant was not charged with criminal possession of a firearm in the fourth degree * * * and that crime is not a lesser included offense of the crime charged (People v. Ali, 36 N.Y.2d 880 * * *), the indictment should be dismissed."

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

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO RODRIGUEZ…

Court:Court of Appeals of the State of New York

Date published: Jul 1, 1986

Citations

68 N.Y.2d 674 (N.Y. 1986)
505 N.Y.S.2d 593
496 N.E.2d 682

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