People v. Tirado

Citation384 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 Date23 March 1976
CourtNew 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.

MEMORANDUM.

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.

BREITEL, C.J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE, JJ., concur.

Order affirmed in a memorandum.

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58 cases
  • State v. Brown
    • United States
    • New Jersey Supreme Court
    • 24 juillet 1979
    ...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......
  • Tirado v. C.I.R., 585
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 7 septembre 1982
    ... ... 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 ... ...
  • Brown v. City of N.Y., 303170/13.
    • United States
    • New York Supreme Court
    • 25 août 2017
    ...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......
  • Agostinelli v. City of N.Y.
    • United States
    • New York Supreme Court
    • 17 novembre 2015
    ...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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