People v. Sparks

Judgment unanimously reversed on the law and facts and new trial granted. Memorandum: The indictment charged appellant with the crime of grand larceny, first degree, in that he did “counsel, command, induce and procure another to steal” upwards of $500 from a named person. In a separate count defendant was charged with a violation of section 1308 of the Penal Law in that on the same day he received more than $100 knowing the same to have been stolen. The proof at the trial disclosed that the money was so received from the same person that appellant was charged with inducing to commit the…