PEOPLE v. HARRIS


77 A.D.2d 804 (1980)

The People of the State of New York, Respondent, v. Henry Harris, Appellant

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

July 10, 1980


Judgment unanimously reversed, as a matter of discretion, in the interest of justice, and a new trial granted.

Memorandum:

Defendant was convicted following a jury trial of criminal possession of a forged instrument in the second degree. In submitting the knowledge element of the crime to the jury, the court charged that "generally possession alone suffices to permit the inference that the possessor knows what he possesses, especially but not exclusively,...

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