PEOPLE v. FETTER


201 A.D.2d 500 (1994)

607 N.Y.S.2d 381

The People of the State of New York, Respondent, v. Michael Fetter, Appellant

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

February 7, 1994


Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

We find no merit to the defendant's contention that the evidence was legally insufficient to support the conviction of criminal possession of stolen property in the third degree. In order for a defendant to be found to "possess" the property, it is sufficient to show constructive possession, which means that the...

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