PEOPLE v. TRIBUNELLA


149 A.D.2d 925 (1989)

The People of the State of New York, Respondent, v. Mario J. Tribunella, Appellant

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

April 14, 1989


Judgment unanimously affirmed.

Memorandum:

Defendant's arguments on appeal lack merit. There is no requirement, particularly in the absence of a request, that the court specifically charge that the presumption in Penal Law § 165.55 (1) may be rebutted (People v Lewis, 125 A.D.2d 918, 919, lv denied 69 N.Y.2d 882). The court properly charged the jury on the count of criminal possession of stolen property...

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