New York Court of Appeals

The People of the State of New York v. Kaydon Baskerville

December 1, 198360 N.Y.2d 374

Summary

The Court affirmed that the jury instruction regarding the display of an object that appeared to be a firearm satisfied the statutory requirement for first‑degree robbery, but held that the instruction on recent exclusive possession was erroneous because it limited the jury to infer the defendant was the criminal without explaining alternative offenses. Accordingly, the Court reversed the Appellate Division’s judgment and ordered a new trial.