PEOPLE v. PRESTON


255 A.D.2d 530 (1998)

682 N.Y.S.2d 57

The People of the State of New York, Respondent, v. Robert Preston, Also Known as Paul Pierce, Appellant

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

November 23, 1998


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that his conviction of robbery in the first degree is fatally inconsistent with his acquittal of criminal possession of stolen property in a previous trial under the same indictment. The jury in the first trial was charged that criminal possession of stolen property included as an essential element "the ability to exercise dominion or control over [the subject] property to the exclusion...

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