People v. Loungo — 246 N.Y. 543

Majority

p. 543

The People of the State of New York, Respondent, v. Carmine Loungo, Appellant.

Headnote

Crimes — unlawful possession of drug —failure of proof of conscious possession.

People v. Loungo, 220 App. Div. 828 , reversed.

(Argued October 12, 1927,

decided October 18, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1927, which affirmed a judgment of the Court of Special Sessions of the City of New York convicting the defendant of the crime of unlawful possession of a drug in violation of section 133 of the Sanitary Code.

p. 544

John Caldwell Myers and John F. Keating for appellant.

Joab H. Banton, District Attorney (Edwin B. McGuire of counsel), for respondent.

Judgment of Appellate Division and that of Special Sessions reversed and defendant discharged on ground that there was a failure of proof of conscious possession of a prohibited drug.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.