People v. Butler

This appeal is from a judgment of the County Court, Nassau County, convicting the defendant of burglary in the third degree, upon a jury verdict, and sentencing him to an indeterminate term of not more than five yeqjrs.

The principal question presented concerns the propriety of the application of the rule enunciated over 100 years ago in Knickerbocker v. People (43 N. Y. 177 [1870]) which permits an inference of guilt to be drawn from the recent and unexplained possession of stolen property. The defendant additionally argues that there was an unlawful search of his automobile and,…