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PEOPLE v. THOMAS

210 A.D.2d 442 (1994)

620 N.Y.S.2d 980

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

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

December 19, 1994

Ordered that the judgment and the amended judgment are affirmed.

The defendant contends, among other things, that the Supreme Court erred in its supplemental instruction to the jury by failing to charge that mere presence in an automobile does not, by itself, constitute possession of the automobile. We disagree. The court's supplemental charge to the jury fully responded to the jury's inquiry, and it was not prejudicial...

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