People v. Kelly

New York Court of Appeals
People v. Kelly, 25 N.Y.2d 610 (N.Y. 1969)
254 N.E.2d 221; 306 N.Y.S.2d 2; 1969 N.Y. LEXIS 994

People v. Kelly

Opinion of the Court

Concur: Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld and Judge Burke dissent and vote to reverse in the following memorandum: Defendant’s guilt was not proved beyond a reasonable doubt. Although the narcotic drug was found in defendant’s apartment in the pocket of a coat belonging to him, the evidence establishes that he did not have exclusive dominion or control of it, that it was hanging on a door in an open room and that any one of a number of persons who were present had ample opportunity to place the drug in the coat pocket.

Reference

Full Case Name
The People of the State of New York v. James Kelly
Status
Published