Appellate Division of the Supreme Court of New York, 1937

People v. Di Landri

Appellate Division of the Supreme Court of New York · Decided February 26, 1937

250 A.D. 52; 293 N.Y.S. 546; 1937 N.Y. App. Div. LEXIS 8267

Counsel

David M. Markowitz, attorney for the appellant., Erwin N. Schapira of counsel [William Copeland Dodge, District Attorney], for the respondent.

Opinion of the Court

Per Curiam.

It cannot be held with any degree of certainty that the revolver which was found on the floor of the car belonged to the defendant or was in his constructive possession rather than in the possession of one of the other occupants of the car. The defendant’s guilt, therefore, was not established beyond a reasonable doubt.

The judgment should be reversed and the information dismissed, and the defendant discharged from custody.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously reversed and the information dismissed, and the defendant discharged from custody.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.