People v. Schillaci

Martuscello, J. (dissenting).

I would affirm the judgment. The majority’s decision to reverse and dismiss the indictment relies on the failure of the People to show recent and exclusive possession, by the defendant, of the fruits of the crime. Essentially, they emphasize (1) the hiatus between the commission of the crime (February 1, 1974) and the date of arrest (March 28, 1974) and (2) the absence of proof of "exclusive” possession.

The classic case on the inference of recent and exclusive possession is Knickerbocker v People (43 NY 177). The hiatus *129there between the theft of a watch and the…