Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
Both the above-mentioned statutes give the People the initial benefit of a presumption. Subdivision 1 of section 165.55 of the Penal Law provides: "A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself". In similar vein, subdivision 1 of section 165.05 of the Penal Law provides: "A person who engages in...
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