New York Court of Appeals, 1969

People v. Kelly

People v. Kelly
New York Court of Appeals · Decided October 30, 1969
25 N.Y.2d 610; 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.

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