People v. Glover

Murphy, P. J.,

concurs in the majority memorandum and in the following separate concurring memorandum of Rosenberger, J. I concur in the result reached by the majority but would reverse on the additional ground that the charge on "possession”, while not objected to, deprived defendant of a fair trial.

In charging the jury on the elements of criminal possession of stolen property in the third degree, the court instructed the jury that a person can possess a car "by either being in it or being in a position to exercise dominion or control. Possession could occur even if one were in the passenger…