(Download) "People State New York v. Julio Perez" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Julio Perez
- Author : Supreme Court of New York
- Release Date : January 25, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The defendant was convicted in the Court of Special Sessions of unlawfully possessing a burglar's tool (Penal Law, 408).
The record in this case discloses that he was apprehended six feet away from an automobile whose right front window vent was
broken. At the time of this arrest, the defendant had a 12-inch screw driver in his possession, although it does not appear
where on his person it was found. The defendant stated it had been given to him by a friend. No proof was offered to connect
the defendant with the breaking of the window. The mere possession of a tool ordinarily used for legitimate purposes, cannot
be translated into the kind of possession or use condemned by the statute, in the absence of circumstances evidencing an intent
to use it for an unlawful purpose. (People v. Spillman, 309 N. Y. 295, 299, 300; People v. Holzman, 232 N. Y. 553.) Many
of the circumstances in this case are as consistent with innocence as with guilt. It was error, therefore to find the defendant
guilty of the crime charged. (People v. Weiss, 290 N. Y. 160, 163; People v. Woltering, 275 N. Y. 51, 61; People v. Suffern,
267 N. Y. 115, 127; People v. Fitzgerald, 156 N. Y. 253, 258.) The judgment of conviction is reversed on the law and the facts
and the information is dismissed. Concur - Botein, P.J., Breitel, M. M. Frank, McNally and Bergan, JJ.