New York Court of Appeals, 1976

People v. Tirado

New York Court of Appeals · Decided March 23, 1976

38 N.Y.2d 955; 348 N.E.2d 608; 384 N.Y.S.2d 151; 1976 N.Y. LEXIS 2594

Cases that cite this one

67 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Williams (Appellate Division of the Supreme Court of New York 2019)
The People v. Marcus D. Hogan (N.Y. 2016)
People v. Bundy (Appellate Division of the Supreme Court of New York 1997)
People v. Ballard (New York Supreme Court 1986)
Jacque Tirado, A/K/A Jacque Dante v. Commissioner of Internal Revenue (2d Cir. 1982)
People v. Robertson (Appellate Division of the Supreme Court of New York 1978)
People v. Winston (New York County Court, Columbia County 2025)
People v. Murray (Appellate Division of the Supreme Court of New York 2024)
Matter of Francis v. New York State Dept. of Corr. & Community Supervision (Rochester City Court 2024)
People v. Grovner (Appellate Division of the Supreme Court of New York 2022)
People v. Rios (Appellate Division of the Supreme Court of New York 2021)
People v. Rios (Appellate Division of the Supreme Court of New York 2021)
People v. Manley (Appellate Division of the Supreme Court of New York 2021)
People v. Manley (Appellate Division of the Supreme Court of New York 2021)
People v. Moses (Appellate Division of the Supreme Court of New York 2019)
Phin v. City of New York (Appellate Division of the Supreme Court of New York 2018)
People v. Reyes (Appellate Division of the Supreme Court of New York 2017)
People v. Kinsler (Appellate Division of the Supreme Court of New York 2016)
SLADE, HANDY, PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Slade (Appellate Division of the Supreme Court of New York 2015)
People v. Slade (Appellate Division of the Supreme Court of New York 2015)
People v. Hardy (New York County Courts 2013)
People v. Aveni (Appellate Division of the Supreme Court of New York 2012)
People v. Aveni (Appellate Division of the Supreme Court of New York 2012)
People v. Mojica (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. Order affirmed, on the opinion of Mr. Presiding Justice Harold A. Stevens at the Appellate Division. With respect to the views in the dissenting opinion at the Appellate Division, the trial court’s charge concerning possession was eminently correct. Possession if joint is no less possession. The circumstances established the operation of a narcotics "factory”, and the inference that the tenant, as well as all those found in the apartment, were engaged in the illicit enterprise, was irresistible and therefore entitled the court to charge as it did and for the jury to find the defendant guilty as it did. There was therefore no need for a statutory presumption.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.