[Download] "People State New York v. Kaydon Baskerville" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Kaydon Baskerville
- Author : Court of Appeals of New York
- Release Date : January 01, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
A robber who holds and uses a black object covered by a towel in such manner as to give his victims the impression that he is threatening them with a gun "[displays] what appears to be a * * * firearm" within the meaning of subdivision 4 of section 160.15 of the Penal Law, and an instruction to the jury to that effect is not erroneous. It is error, however, in a case in which the jury could conclude from the explanation offered by defendant for his possession of part of the proceeds of a recent robbery, that he was one of the robbers, that he was simply a possessor of stolen property or that he was guilty of neither crime, to charge only that the jury could, if it found defendants explanation false, infer that he was "the criminal." The recent possession charge must be related to the facts of the particular case. There should, therefore, be a reversal and a new trial.
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