Legal Opinion

People v. Mitchell

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1985PublishedCited by 1 opinion

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered January 6, 1983, convicting him of robbery in the second degree (two counts), and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court erred in its charge on recent exclusive possession of stolen property in repeatedly referring to a “presumption” of guilt flowing therefrom. We find, however, that the charge nevertheless conveyed the proper standards to the jury. Throughout the instructions, the jury was…

2Cases cited1 opinion

  1. INSERO ON BEHALF OF CAULEY v. HendersonDistrict Court, S.D. New York · 1982

3Cited by1 opinion

  1. People v. MackAppellate Division of the Supreme Court of the State of New York · 1986

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