People v. Green

Memorandum: On appeal from a judgment convicting him upon a jury verdict of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that Supreme Court’s charge to the jury on the issue of recent exclusive possession of stolen property, which was taken verbatim from the Criminal Jury Instructions (see CJI2d[NY] Possession: Recent, Exclusive), was improper. We reject that contention. The victim testified that defendant stole the victim’s vehicle and cellular telephone at gunpoint, while defendant testified that the victim had loaned his property to defendant. Defendant was…