Legal Opinion
People v. Howard
New York Court of Appeals
Decided December 1, 1983PublishedCited by 25 opinions
1Opinion of the Court
*1001OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The charge on recent and exclusive possession was not error. The circumstances of the case were such that defendant was either guilty of stealing from the complainant or guilty of nothing. Unlike People v Baskerville (60 NY2d 374), there was, therefore, no need to charge with respect to the crime of possession of stolen property, there being no reasonable view of the evidence under which defendant was guilty only of that crime.
Nor was the evidence of identification insufficient. Although the officers and…
2Cases cited4 opinions
- People v. RiversNew York Court of Appeals · 1982
- People v. BaskervilleNew York Court of Appeals · 1983
- People v. LynesNew York Court of Appeals · 1980
- People v. LanahanNew York Court of Appeals · 1981
3Cited by25 opinions
- People v. BaskervilleNew York Court of Appeals · 1983
- People v. MerrittAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SwanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. PittAppellate Division of the Supreme Court of the State of New York · 1985
- People v. HunterAppellate Division of the Supreme Court of the State of New York · 1987
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