PEOPLE v. ATKINSON


105 A.D.2d 751 (1984)

The People of the State of New York, Respondent, v. Alan Atkinson, Appellant

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

November 13, 1984


Judgment affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).

The trial court did not err in charging the jury that it could infer defendant's guilt from his recent and exclusive possession of the fruits of the crime, if such possession was unexplained or falsely explained. Recent and exclusive possession is not required to be proved by direct evidence; circumstantial evidence of such possession suffices...

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