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People v. Siplin

Court of Appeals of the State of New York
Dec 1, 1971
277 N.E.2d 786 (N.Y. 1971)

Opinion

Argued November 18, 1971

Decided December 1, 1971

Appeal from the Monroe County Court, JAMES F. SHEEHAN, J.

Leslie A. Bradshaw for appellant.

Jack B. Lazarus, District Attorney ( Edward J. Spires of counsel), for respondent.


Order reversed and the complaint dismissed in the following memorandum: The order appealed from should be reversed and the complaint dismissed upon the ground that the guilt of defendant was not established beyond a reasonable doubt, the proof offered in support of an inference of defendant's possession or control of the apartment falling far short of the standard necessary to establish his constructive possession of the narcotics paraphernalia found there. (See People v. Perry, 2 N.Y.2d 785; People v. Leavitt, 301 N.Y. 113; People v. Schriber, 34 A.D.2d 852, affd. 29 N.Y.2d 780; United States v. Romano, 382 U.S. 136.)

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

People v. Siplin

Court of Appeals of the State of New York
Dec 1, 1971
277 N.E.2d 786 (N.Y. 1971)
Case details for

People v. Siplin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD SIPLIN…

Court:Court of Appeals of the State of New York

Date published: Dec 1, 1971

Citations

277 N.E.2d 786 (N.Y. 1971)
277 N.E.2d 786
327 N.Y.S.2d 854

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