Legal Opinion
People v. Schillaci
Appellate Division of the Supreme Court of the State of New York
Decided May 14, 1979PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Rabin, J.
The defendant stands convicted of grand larceny in the third degree and petit larceny. The primary issue on appeal is the applicability of the permissive inference of guilt based upon the unexplained recent and exclusive possession of the fruits of a crime. In view of the total circumstances of this case, no such inference may be drawn which is sufficient to sustain the judgment of conviction for the crime of larceny.
The defendant was arrested for possession of burglar’s tools at approximately 3:30 a.m. on March 28, 1974, while he was slowly driving through a…
2Cases cited5 opinions
- People v. . GalboNew York Court of Appeals · 1916
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- People v. ColonNew York Court of Appeals · 1971
- People v. PetersAppellate Division of the Supreme Court of the State of New York · 1973
- People v. MastersAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by10 opinions
- People v. BaskervilleNew York Court of Appeals · 1983
- Kinge v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ArroyoAppellate Division of the Supreme Court of the State of New York · 1993
- People v. ThorntonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. CantyAppellate Division of the Supreme Court of the State of New York · 1989
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