People v. Neiss

OPINION OF THE COURT

William C. Thompson, J.

This is a case of first impression.

In an omnibus motion seeking divers relief defendant contends, inter alia, that the indictment is defective.

*840In a multicount indictment defendant is charged with grand larceny and theft of services. On the grand larceny charge defendant is accused of such crime in that he "did steal property, to wit, a quantity of gas from Brooklyn Union Gas Company” (emphasis supplied). He argues in substance that this statement does not allege a larceny because it fails to charge him with the "wrongful taking of property.” He also…