Opinion
July 7, 1988
Appeal from the Erie County Court, McCarthy, J.
Present — Dillon, P.J., Denman, Boomer, Pine and Balio, JJ.
Judgment affirmed. All concur, Dillon, P.J., not participating. Memorandum: The recent, unexplained, exclusive possession of the fruits of the crime entitled the jury to infer that defendant committed the larceny and burglary (see, People v. Shurn, 69 A.D.2d 64, 68-69; see also, Knickerbocker v. People, 43 N.Y. 177; People v. Donaldson, 107 A.D.2d 758; People v. Measheaw, 108 A.D.2d 952). The requirement that defendant's possession be exclusive was satisfied by possession which was joint with others with whom he acted in concert (see, People v. Shurn, supra, at 69).
The court did not err in refusing to grant defendant's request for a missing witness charge. The request made after the completion of summations and the court's charge, was untimely (see, People v. Gonzalez, 68 N.Y.2d 424, 427-428).
We have examined defendant's remaining contention and determine that it lacks merit.