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PEOPLE v. HOWARD

60 N.Y.2d 999 (1983)

The People of the State of New York, Respondent, v. Norman Howard, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1983.

Attorney(s) appearing for the Case

A. Irene Elliott for appellant.

Elizabeth Holtzman, District Attorney (Lisa Margaret Smith and Barbara D. Underwood of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The charge on recent and exclusive possession was not error. The circumstances of the case were such that defendant was either guilty of stealing from the complainant or guilty of nothing. Unlike People v Baskerville (60 N.Y.2d 374), there was, therefore, no need to charge with respect to the crime of possession...

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