People v. Whitfield

*923Evidence that defendant made contradictory statements to police was insufficient to prove to a moral certainty that defendant knew the property was stolen (see, People v Rolland, 128 AD2d 650). The People failed to request an instruction on the inference arising from the recent and exclusive possession of the fruits of a crime and thus, the jury could not consider the inference in arriving at its verdict (People v Felder, 132 AD2d 705; People v Hunt, 112 AD2d 781). In the absence of the inference, the proof was insufficient to establish that defendant knew the photography equipment was…