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PEOPLE v. ANTHONY

21 A.D.2d 666 (1964)

The People of the State of New York, Respondent, v. George L. Anthony, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 1964

Judgment convicting defendant of criminally possessing a pistol as a felony (Penal Law, § 1897), unanimously affirmed.

Before enactment of section 1898-a of the Penal Law (now superseded by Penal Law, §§ 1899, 1900), mere presence in an automobile of a pistol and several persons was insufficient to establish constructive possession of the pistol by any of the persons (People v. Di Landri, 250 App. Div. 52; People ex rel. De Feo v. Warden of...

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