[DOWNLOAD] "People State New York v. Michael Handford" by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Michael Handford
• Author : Supreme Court of New York
• Release Date : January 05, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The District Attorney's opening address indicated that the People intended to offer sufficient evidence to establish a prima
facie case against respondent. The People's allegation that respondent was found with two other defendants seated around a
bed containing heroin and a hypodemic instrument presented a question of fact for the jury as to whether he had constructive
joint dominion and control over the contraband. Although the two others were fugitives from justice at the time of the trial
and their trial was severed from respondent's, it was error for the trial court to hold as a matter of law that the circumstantial
evidence must point only to respondent's possession and be inconsistent with possession of the contraband by these other two
defendants. Respondent's possession of the contraband may be proved by circumstantial evidence (People v. Gogarty, 5 A.D.2d
413). Here there is a question whether common human experience would lead a reasonable man to accept or reject the inference
of respondent's dominion and control over the contraband (Peole v. Wachowicz, 22 N.Y.2d 369). Disposition Order reversed, on the law, motion to dismiss denied and indictment reinstated as against respondent.

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