People v. Tirado
Citation | 384 N.Y.S.2d 151,38 N.Y.2d 955 |
Parties | , 348 N.E.2d 608 The PEOPLE of the State of New York, Respondent, v. Jacque TIRADO, Appellant. |
Decision Date | 23 March 1976 |
Court | New York Court of Appeals |
Irving Paul, New York City, for appellant.
Robert M. Morgenthau, Dist. Atty. (Judith K. Rubinstein and Peter L. Zimroth, New York City, of counsel), for respondent.
Order affirmed, on the opinion of Presiding Justice Harold A. Stevens at the Appellate Division, 47 A.D.2d 193, 366 N.Y.S.2d 140. With respect to the views in the dissenting opinion at the Appellate Division, the trial court's charge concerning possession was eminently correct. Possession if joint is no less possession. The circumstances established the operation of a narcotics 'factory', and the inference that the tenant, as well as all those found in the apartment, were engaged in the illicit enterprise, was irresistible and therefore entitled the court to charge as it did and for the jury to find the defendant guilty as it did. There was therefore no need for a statutory presumption.
Order affirmed in a memorandum.
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State v. Brown
...600, 403 N.Y.S.2d 234 (App.Div.1978); People v. Tirado, 47 A.D.2d 193, 366 N.Y.S.2d 140 (App.Div.1975), aff'd 38 N.Y.2d 955, 384 N.Y.S.2d 151, 348 N.E.2d 608 (Ct.App.1976). The inference of knowledge and control of the concealed heroin is further strengthened by the presence of other heroin......
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Tirado v. C.I.R., 585
... ... Tirado was indicted and convicted in New York state court of possessing narcotics. His conviction was upheld by the Appellate Division and by the New York Court of Appeals. People v. Tirado, ... Page 309 ... 47 A.D.2d 193, 366 N.Y.S.2d 140 (1st Dep't 1975), aff'd mem., 38 N.Y.2d 955, 348 N.E.2d 608, 384 N.Y.S.2d 151 (1976) ... Shortly after the searches of Tirado's apartment and safe deposit boxes, the federal agents involved in the narcotics case met ... ...
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Brown v. City of N.Y., 303170/13.
...possession of any contraband or drugs found therein ( People v. Tirado, 47 A.D.2d 193, 195, 366 N.Y.S.2d 140 [1st Dept 1975], affd 38 N.Y.2d 955 [1976] ; People v. David, 234 A.D.2d 787, 789, 652 N.Y.S.2d 324 [3d Dept 1996] ["So viewed, the testimony previously outlined above was sufficient......
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Agostinelli v. City of N.Y.
...possession of any contraband or drugs found therein (People v. Tirado, 47 A.D.2d 193, 195, 366 N.Y.S.2d 140 [1st Dept 1975], affd 38 N.Y.2d 955 [1976] ; People v. David, 234 A.D.2d 787, 789, 652 N.Y.S.2d 324 [3d Dept 1996] [“So viewed, the testimony previously outlined above was sufficient ......