People v. Rota

Appeal by defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered September 12,1983, convicting him of criminal possession of stolen property in the second degree, after a nonjury trial, and imposing sentence.

Judgment modified, on the law, by reducing the conviction of criminal possession of stolen property in the second degree to one of criminal possession of stolen property in the third degree and vacating the sentence imposed. As so modified, judgment affirmed.

The People proved beyond a reasonable doubt, as found by the Trial Judge, that defendant was in…