| People v Green |
| 2009 NY Slip Op 09899 [68 AD3d 1782] |
| December 30, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Appellant, v Steven Green,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Kelly Christine Wolford of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Monroe County (Dennis M. Kehoe, A.J.),rendered October 27, 2006. The judgment convicted defendant, upon a jury verdict, of robbery inthe first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a jury verdict of robbery inthe first degree (Penal Law § 160.15 [4]), defendant contends that Supreme Court's chargeto the jury on the issue of recent exclusive possession of stolen property, which was takenverbatim from the Criminal Jury Instructions (see CJI2d[NY] Possession: Recent,Exclusive), was improper. We reject that contention. The victim testified that defendant stole thevictim's vehicle and cellular telephone at gunpoint, while defendant testified that the victim hadloaned his property to defendant. Defendant was apprehended shortly after exiting the victim'svehicle and was found in possession of the victim's cellular telephone. Under those facts, thecharge on recent exclusive possession of stolen property was appropriate (see People vHoward, 60 NY2d 999, 1001 [1983]). Moreover, the charge properly allowed " 'the jury,hearing the whole charge, [to] gather from its language the correct rules which should be appliedin arriving at [its] decision' " (People v Ladd, 89 NY2d 893, 895 [1996], quotingPeople v Russell, 266 NY 147, 153 [1934]; see generally People v Fernandez,286 AD2d 444 [2001], lv denied 97 NY2d 681 [2001]). Present—Hurlbutt, J.P.,Fahey, Peradotto, Green and Gorski, JJ.