What does a judge need to dismmiss a case if the prosecution does not prove their case? 3 Answers as of July 19, 2011

My friend is going to trial in a month and is charged with possession of a weapon in the 3rd degree. There were 3 other people there at time of arrest. We have case law including people v vastola, people v brown, people v bailey which were all overturned on appeal due to constructive possession is hard to prove when a weapon is found in a home where there are more than one person there basically. He has no co-defendants, the weapon was found in the front voyeur behind a door to the street, which he never kept locked. There were no fingerprints or DNA found on the weapon. The only witness for the prosecution was also in the house at the time of my friends arrest and has made multiple contradictory statements to my friends ex lawyer, in another court proceeding and in written documents and I’m pretty sure they will be impeached. Based on those facts of the case is the lack of proof satisfactory for a judge to dismiss the case.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you have enough evidence and if the judge or jury if jury trial is convinced that the evidence of impeachment is true and the prosecution has no other evidence to prove the case then he will be acquitted and the case dismissed.
Answer Applies to: New York
Replied: 7/19/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Under the facts in your summary the judge will probably find him not guilty as the prosecutor will not be able to prove possession of the weapon beyond a reasonable doubt unless he lives at the residence.
Answer Applies to: New York
Replied: 7/7/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
I cannot possibly answer this question in a vacuum. There are multiple things that go into proving a constructive possession case. Your friend needs to consult with his attorney, and if he does not have one call us toll free for a no cost, no obligation consultation.
Answer Applies to: New York
Replied: 7/7/2011
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