PEOPLE v. KELLY


25 N.Y.2d 610 (1969)

The People of the State of New York, Respondent, v. James Kelly, Appellant.

Court of Appeals of the State of New York.

Decided October 30, 1969.


Attorney(s) appearing for the Case

Sidney Schmukler for appellant.

Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.

Concur: Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Dissent: Chief Judge FULD and Judge BURKE.


Judgment affirmed; no opinion.

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...

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