(DOWNLOAD) "People State New York v. Joseph James Felcone" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Joseph James Felcone
- Author : Supreme Court of New York
- Release Date : January 19, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Both the above-mentioned statutes give the People the initial benefit of a presumption. Subdivision 1 of section 165.55 of the Penal Law provides: "A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself". In similar vein, subdivision 1 of section 165.05 of the Penal Law provides: "A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent". The presumptions, however, are rebuttable (People v. McCaleb, 25 N.Y.2d 394). At the trial, the co-defendant testified on his own behalf that the automobile in which he was arrested with defendant had been loaned to him by a friend whom the witness knew as "Donny" and whom the witness had met in a neighborhood tavern. When the co-defendant asked for the keys and the vehicle registration, "Donny" told him it was a rented car and that the papers were in the glove compartment. A mutual friend of defendant and the co-defendant confirmed the story by testifying that she was a waitress in the tavern and had overheard "Donny" offer the use of the automobile to the co-defendant. In charging the jury, the court noted the presumption [43 A.D.2d 976 Page 977]
 "People State New York v. Joseph James Felcone" by Supreme Court of New York # eBook PDF Kindle ePub Free){kind=link}