People v. Todd

OPINION OF THE COURT

Richard S. Lane, J.

Defendant was convicted before me and a jury of criminal possession of stolen property in the third degree (Penal Law, § 165.40).

Defendant moves to set the verdict aside on the grounds that the count in the accusatory instrument charging him with the crime was duplicitous, citing People v Rosado (64 AD2d 172). The People oppose, asserting that CPL 200.30, which bars duplicitous counts in an indictment, is not applicable to an information, and further asserting that *489section 165.40 of the Penal Law permits charging possession of multiple articles in a…