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PEOPLE v. SEAMAN

96 A.D.2d 603 (1983)

The People of the State of New York, Respondent, v. Dennis Seaman, Appellant

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

July 25, 1983

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

The trial court erred during its charge on the "recent and exclusive possession" of the proceeds of a burglary, in that it failed to charge that there were two permissible inferences of guilt which could be drawn from the facts of the case: (1) that the defendant was involved in the burglary; or (2) that the defendant was merely...

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