199 A.D.2d 67 604 N.Y.S.2d 955

The People of the State of New York, Respondent, v Joseph Murray, Appellant.

[604 NYS2d 955]

Judgment, Supreme Court, New York County (Jerome Marks, J., at suppression hearing; Alvin Schlesinger, J., at trial), rendered April 24, 1991, convicting defendant, after a jury trial, of two counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to two concurrent terms of 2 to 4 years, unanimously affirmed.

Defendant’s knowledge that the property was stolen could be inferred, beyond a reasonable doubt, as a result of his recent, exclusive, unexplained possession thereof, as the jury was properly instructed (People v Baskerville, 60 NY2d 374, 382-383). The prosecutor’s attempt to argue that defendant *68had probably stolen the property himself did not, in the circumstances, constitute an accusation of an "uncharged crime” but was fair argument (supra). In any event, the court gave a prompt curative instruction to disregard the argument. Concur—Sullivan, J. P., Carro, Wallach and Asch, JJ.

People v. Murray
199 A.D.2d 67 604 N.Y.S.2d 955

Case Details

Name
People v. Murray
Decision Date
Dec 9, 1993
Citations

199 A.D.2d 67

604 N.Y.S.2d 955

Jurisdiction
New York

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