People v. Ciprio

Judgment convicting defendant of grand larceny in the first degree by theft (count one— Penal Law, § 1294) and grand larceny in the first degree by unauthorized use of a motor vehicle (count two — Penal Law, § 1293-a), and sentencing him to serve two terms of from two to four years, concurrently, as a first offender, unanimously reversed, on the law, and a new trial directed.

There was sufficient evidence in behalf of defendant to raise an issue as to the defense of alibi — that the defendant was not present at the place and time where and when the crime was committed. In marshalling the facts…