People v. Daghita

Heffernan, J. P.

(dissenting). I concur in the opinion of Mr. Justice Bergan to the extent only that he recommends an affirmance of the judgment of conviction for the crime of grand larceny. I cannot agree to uphold the conviction for the crime of concealing and withholding stolen property.

The indictment charged both crimes in separate counts. They are separate and distinct offenses.

It is conceded that the property which the defendant was accused of stealing is the identical property which he was accused of concealing. To my mind it is an absurdity to hold that a thief can be convicted for…