Legal Opinion

People v. Acerno

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 1918PublishedCited by 7 opinions

Appeal by the defendant, Anthony Acerno, from a judgment of the Court of General Sessions of the Peace in and for the county of New York, Part III, rendered against him on the 14th day of February, 1918, convicting him of the crime of receiving stolen property.

1Opinion of the Court

Page, J.:

On the 10th day of January, 1918, five packages were taken from the wagon of Saks & Co. on the corner of Twentieth street and Fifth avenue in New York county. Joseph Russell and Edward F. Hollywood have pleaded guilty to the larceny of the goods.

The defendant was indicted on two counts: First, charging him with the larceny of the goods; and second, charging him with criminally receiving the goods. The district attorney elected to try him on the second count.

In my opinion the People failed to prove their case. The crime with which the defendant was charged is defined by section 1308…

2Cases cited5 opinions

  1. People v. . WalkerNew York Court of Appeals · 1910
  2. People v. . RazeziczNew York Court of Appeals · 1912
  3. The People v. . KennedyNew York Court of Appeals · 1865
  4. People v. MantinAppellate Division of the Supreme Court of the State of New York · 1918
  5. People v. Suffolk Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by7 opinions

  1. Hiner v. StateIndiana Supreme Court · 1925
  2. Kestler v. StateIndiana Supreme Court · 1949
  3. Mack v. Court of General SessionsAppellate Division of the Supreme Court of the State of New York · 1961
  4. People ex rel. Briggs v. HanleyAppellate Division of the Supreme Court of the State of New York · 1919
  5. People v. OcchipintiNew York Court of General Session of the Peace · 1961

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