People v. Baskerville

OPINION OF THE COURT

Meyer, J.

A robber who holds and uses a black object covered by a towel in such manner as to give his victims the impression that he is threatening them with a gun “[displays what appears to be a * * * firearm” within the meaning of subdivision 4 of section 160.15 of the Penal Law, and an instruction to the jury to that effect is not erroneous. It is error, however, in a case in which the jury could conclude from the explanation offered by defendant for his possession of part of the proceeds of a recent robbery, that he was one of the robbers, that he was simply a possessor…