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Newton V. People Case Summary

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The first issue is whether a new set of facts in Newton v. People would change the Defendant’s act from the one that he originally performed non-voluntarily and result in a voluntary verdict. The second issue is whether Newton is prosecutable. In order to be convicted of criminal possession of a weapon in the third degree, Newton must affirmatively do something that violates New York Penal Law, where “[s]uch person knowingly possesses any disguised gun” (NYPL §265.02(6)). Carrying a gun and ammunition on his body while shopping in the passenger’s air terminal for a souvenir certainly fits the stipulation for prosecution. While in transit within New York, his gun by law must be unloaded. The firearm must be in a locked, hard-sided container (like a rifle case). His weapon and ammunition may not be easily accessible by anyone. …show more content…
Newton’s plane was not scheduled to pass through the United States. Yet, even legal guns en route to New York are cause for arrest before flying out (New York Times). Hence, he may not be held officially responsible for this New York statute. A dismissal/acquittal may not necessarily be granted in the latter version of this case because there is some foreseeable liability in Federal compliance. Transporting guns and ammunition require permits and laws, including in every country, and Newton’s “act” for criminal conviction purposes must meet the next requirements: 1) The defendant physically made some conscious and volitional movement.
2) Liability is based upon the defendant’s State and National and act or failure thereof a) NY firearm permit not required during short stop for emergency (pilot) Pastrami b) NY licensure required for souvenir

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