# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 23, 1971 · 37 A.D.2d 623

URL: https://www.frixlaw.com/law-library/cases/5779968

## Case

- **Full name:** The People of the State of New York v. Henry Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 23, 1971
- **Citations:** 37 A.D.2d 623; 323 N.Y.S.2d 537; 1971 N.Y. App. Div. LEXIS 3779
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5779968

## Opinion text

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 11, 1969, convicting him of conspiracy in the second degree and two counts of possession of weapons and dangerous instruments and appliances, as a felony, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts and in the interests of justice, and indictment dismissed. In our opinion, the evidence against defendant was insufficient to establish his guilt of conspiracy to commit robbery beyond a reasonable doubt (see People v. Chaplin, 8 A D 2d 286). While the circumstantial proof no doubt raised a reasonable suspicion as to his guilt, it was not inconsistent with his innocence. Furthermore, we find that the trial court erred in charging the jury that defendant was presumed to have had possession of a bread knife and a starter’s pistol which were found in the automobile in which he was an occupant (Penal Law, § 265.15, subd. 3). Defendant’s actual possession of the bread knife and starter’s pistol was not proved and they are not within the category of weapons to which the statutory presumption applies. Munder, Acting P. J., Martuscello, Latham, Shapiro and Christ, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5779968. Public record. Not legal advice.