People v. Carter

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered January 7, 1985, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The defendant’s motion to dismiss the indictment on the ground that the police returned the stolen property to its owners in violation of Penal Law § 450.10 was properly denied since the police never actually had custody of the property (see, Penal Law § 450.10; People v Kelly, 62 NY2d 516). Moreover, the stolen property was immediately photographed by the police and…