PEOPLE v. MASONE


111 A.D.2d 189 (1985)

The People of the State of New York, Respondent, v. James V. Masone, Appellant

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

May 6, 1985


Judgment affirmed.

Evidence concerning defendant's possession of stolen property not charged in the instant indictment was properly admitted at trial on the issue of defendant's intent. In contrast to crimes such as assault and robbery, the mere act of possessing stolen property is equivocal, and the underlying intent to benefit the defendant "or a person other than an owner thereof or to impede the recovery by an owner...

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