PEOPLE v. BALLARD


133 Misc.2d 584 (1986)

The People of the State of New York, Plaintiff, v. Westley Ballard, James Flint and Darryl Porter, Defendants.

Supreme Court, New York County.

September 15, 1986


Attorney(s) appearing for the Case

Eric M. Sears for Westley Ballard, defendant. Zoltan Hankovszky for James Flint, defendant. Gerald J. McMahon for Darryl Porter, defendant. Robert M. Morgenthau, District Attorney (Cyrus Vance, Jr., of counsel), for plaintiff.


RENA K. UVILLER, J.

This motion to dismiss an indictment poses the recurring and troublesome question of the circumstances under which criminal possession of a weapon recovered in an automobile can be attributed to any or all of its passengers. The unique feature here is that the gun was recovered in the car's locked trunk; and while there is evidence that the occupants all knew it was there, there was no evidence...

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