PEOPLE v. TUBWELL


45 A.D.2d 749 (1974)

The People of the State of New York, Respondent, v. Leon Tubwell, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1974


Judgment affirmed.

While the instruction of the trial court to the jury on the question of recent and exclusive possession of the fruits of a crime, which concluded with the words "then you may draw the inference or conclusion that the defendant is a criminal in regard to such property", was correct as far as it went, it did not go far enough, for as Chief Judge Cardozo stated in People v. Galbo (218 N.Y. 283, 290): "Only half of the problem * * * has been...

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