People v. Restifo

Appeal from a judgment of the County Court of Albany County, rendered September 16, 1975, upon a verdict convicting defendant of the crime of grand larceny in the third degree. This matter has been before this court on two prior occasions. We first withheld determination of the appeal and directed a hearing to resolve the question of defendant’s presence at a previous suppression hearing (44 AD2d 870) and then, when it was concluded that defendant had not been present thereat, we reversed his conviction and directed a new trial (47 AD2d 792). This appeal is from the conviction which ensued…