Legal Opinion
People v. McFarland
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1992PublishedCited by 3 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant’s conviction for criminal possession of stolen property in the second degree must be reversed and the charge dismissed. It is essential in a prosecution for criminal possession of stolen property that the People prove that the property “was stolen by someone” (People v Corsetti, 10 AD2d 685; see also, People v Bryson, 118 AD2d 791, 792). Here, the People proved only that Doris Barry accidentally left her purse in a shopping cart after shopping at Wegmans. Proof that property is missing is not…
2Cases cited5 opinions
- People v. ColonNew York Court of Appeals · 1971
- People v. BrysonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. CorsettiAppellate Division of the Supreme Court of the State of New York · 1960
- People v. TermottoAppellate Division of the Supreme Court of the State of New York · 1989
- People v. KnappAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by3 opinions
- People v. LoganAppellate Division of the Supreme Court of the State of New York · 2005
- People v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1998
- In re Cablique P.Appellate Division of the Supreme Court of the State of New York · 2007