Opinion
September 29, 2000.
October 2, 2000.
Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Burglary, 3rd Degree.
PRESENT: GREEN, J. P., PINE, HAYES, HURLBUTT AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
After Supreme Court concluded its charge but before the jury began deliberating, the prosecutor requested a further charge on the permissible inference that may be drawn from the recent, exclusive and unexplained possession of the fruits of a burglary ( see, 1 CJI[NY] 9.80, at 562). We reject defendant's contentions that the court erred in giving that charge absent a request by the jury for additional instructions ( see, CPL 300.10) and that the further charge was improper ( see, People v. Durgey, 186 A.D.2d 899, 902, lv denied 81 N.Y.2d 788).