PEOPLE v. POWELL


54 N.Y.2d 524 (1981)

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

Court of Appeals of the State of New York.

Decided December 23, 1981.


Attorney(s) appearing for the Case

Barry D. Leiwant, William E. Hellerstein and Thomas H. Busch for appellant.

Robert M. Morgenthau, District Attorney (Michael J. Prior and Mark Dwyer of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

The Trial Judge correctly instructed the jury in a prosecution under subdivision (4) of section 265.02 of the Penal Law for possession of a loaded firearm that a person's home, within the meaning of the exclusion from that section, may "extend to facilities shared by several persons not related to each other" but does not encompass a place "to which the public or a substantial group of persons has access...

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