Home/New York Court of Appeals/People v. Howard

People v. Howard

459 N.E.2d 842, 60 N.Y.2d 999, 471 N.Y.S.2d 549, 1983 N.Y. LEXIS 3598
CourtNew York Court of Appeals
DecidedDecember 1, 1983
StatusPublished
Cited by25 cases

This text of 459 N.E.2d 842 (People v. Howard) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Howard, 459 N.E.2d 842, 60 N.Y.2d 999, 471 N.Y.S.2d 549, 1983 N.Y. LEXIS 3598 (N.Y. 1983).

Opinion

[1001]*1001OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The charge on recent and exclusive possession was not error. The circumstances of the case were such that defendant was either guilty of stealing from the complainant or guilty of nothing. Unlike People v Baskerville (60 NY2d 374), there was, therefore, no need to charge with respect to the crime of possession of stolen property, there being no reasonable view of the evidence under which defendant was guilty only of that crime.

Nor was the evidence of identification insufficient. Although the officers and complainant briefly lost sight of defendant during the chase, complainant pointed out the person being chased to the police as the robber and the officer identified the person apprehended as the person pointed out to him. That together with defendant’s possession of complainant’s property was sufficient to present a jury issue on identification.

The statement made by defendant at the time of arrest was clearly spontaneous, having resulted from the officer’s response to defendant’s question and that response having been a simple statement of fact, not provocative in any sense (People v Rivers, 56 NY2d 476; People v Lynes, 49 NY2d 286; cf. People v Lanahan, 55 NY2d 711).

Defendant’s remaining contentions have been examined and found without merit.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Jones
2018 NY Slip Op 3703 (Appellate Division of the Supreme Court of New York, 2018)
People v. Merritt
96 A.D.3d 1169 (Appellate Division of the Supreme Court of New York, 2012)
People v. Green
68 A.D.3d 1782 (Appellate Division of the Supreme Court of New York, 2009)
People v. Shippy
53 A.D.3d 590 (Appellate Division of the Supreme Court of New York, 2008)
People v. Baranov
18 Misc. 3d 930 (New York Supreme Court, 2008)
People v. Credle
40 A.D.3d 201 (Appellate Division of the Supreme Court of New York, 2007)
People v. Santos
38 A.D.3d 574 (Appellate Division of the Supreme Court of New York, 2007)
People v. Boyd
21 A.D.3d 1428 (Appellate Division of the Supreme Court of New York, 2005)
People v. Keith
272 A.D.2d 961 (Appellate Division of the Supreme Court of New York, 2000)
People v. Lopez
196 A.D.2d 891 (Appellate Division of the Supreme Court of New York, 1993)
People v. Douze
186 A.D.2d 753 (Appellate Division of the Supreme Court of New York, 1992)
People v. Mitchell
176 A.D.2d 897 (Appellate Division of the Supreme Court of New York, 1991)
People v. Gonzalez
150 Misc. 2d 187 (New York Supreme Court, 1991)
People v. Flynn
167 A.D.2d 555 (Appellate Division of the Supreme Court of New York, 1990)
People v. Swan
158 A.D.2d 158 (Appellate Division of the Supreme Court of New York, 1990)
People v. Pimentel
140 A.D.2d 270 (Appellate Division of the Supreme Court of New York, 1988)
People v. Hunter
131 A.D.2d 877 (Appellate Division of the Supreme Court of New York, 1987)
People v. Robins
125 A.D.2d 721 (Appellate Division of the Supreme Court of New York, 1986)
People v. Heppard
121 A.D.2d 466 (Appellate Division of the Supreme Court of New York, 1986)
People v. Kirkland
131 Misc. 2d 487 (New York Supreme Court, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
459 N.E.2d 842, 60 N.Y.2d 999, 471 N.Y.S.2d 549, 1983 N.Y. LEXIS 3598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-howard-ny-1983.