The case of United States v. White, first reported in an opinion by a judge in the Eastern District of New York,1 and later reversed by the U.S. Court of Appeals for the Second Circuit,2 presented complicated issues that called for extensive analysis by both courts on the issue of whether the defendant could prove a prior charging decision implicating another person in the commission of the crime.
When the defendant Lance White was first arrested by New York City detectives, he had been in a vehicle with four female occupants. New York state law permitted the state to allege that the presence in the automobile of any firearms is evidence of possession by all persons occupying the automobile at the time the weapon was found, except when one or more of the guns were found solely in the possession of one of the occupants. In the case at bar, two guns were found in the purse of one of the female occupants, and the detectives claimed that one gun was found in the defendant’s pocket.
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