Legal Opinion

People v. Rizzo

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

Decided October 21, 1909Published

Appeal by the defendant, Michael Rizzo, from a judgment of the County Court of Nassau county in favor of the plaintiff, -entered in the office of the clerk of said county on the 15th day of July, 1908, upon the verdict of a jury convicting the defendant of criminally receiving stolen goods.

1Opinion of the Court

Hirschberg, P. J.:

The appellant has been convicted of the crime of receiving some chickens, knowing them to have been stolen, the conviction resting chiefly upon the evidence of a witness who testified that he had actually committed the theft but had sold the chickens to the defendant, the latter knowing that they had been stolen. The defendant denied that he had bought the chickens in question and asserted that they had been purchased by his wife during his absence. His wife also testified that she had bought the chickens herself from a pedler during her husband’s absence, and had paid for…

2Cases cited14 opinions

  1. Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
  2. Coleman v. . People of the State of N.Y.New York Court of Appeals · 1873
  3. People v. . WeldonNew York Court of Appeals · 1888
  4. Coleman v. . People of the State of N.Y.New York Court of Appeals · 1874
  5. Copperman v. . People of the State of N.Y.New York Court of Appeals · 1874

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