Summary
In People v. Ayers (135 A.D.2d 825) and People v. Green (128 A.D.2d 890), the defendant's recent exclusive possession warranted only one inference, i.e., guilt.
Summary of this case from People v. AbneyOpinion
December 28, 1987
Appeal from the Supreme Court, Kings County (Kay, J.).
Ordered that the judgment is affirmed.
The evidence, when viewed in a light most favorable to the People, was legally sufficient to support the defendant's conviction (see, People v Morgan, 66 N.Y.2d 255; People v Lewis, 64 N.Y.2d 1111).
Upon the exercise of our factual review power, we are satisfied that the defendant's guilt was proven beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15). The defendant was apprehended in close proximity to a store which, the evidence established, had been burglarized. At the time of his apprehension, the defendant was in possession of articles which the store's owner testified were missing and the defendant offered no explanation as to how he came to possess them (see, People v Shurn, 69 A.D.2d 64). We discern no basis for disturbing the jury's verdict. Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.