PEOPLE v. PHILYAW

Ind. No. 2622/17. Appeal No. 17122. Case No. 2018-04363.

212 A.D.3d 513 (2023)

181 N.Y.S.3d 257

2023 NY Slip Op 00244

The People of the State of New York, Respondent, v. Najre Philyaw, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2023.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Natalie Rea of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Emily N. Gault of counsel), for respondent.

Concur—Renwick, J.P., Webber, Moulton, González, Rodriguez, JJ.


Judgment, Supreme Court, New York County (Cassandra M. Mullen, J.), rendered December 13, 2018, convicting defendant, after a jury trial, of criminal possession of stolen property in the fifth degree, and sentencing him to a term of one year, unanimously affirmed.

The court meaningfully responded to a jury note by rereading the elements of the crime and reminding the jury to avoid speculation and render a verdict based solely upon the evidence (see People v Steinberg...

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