People v. Felcone

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 15, 1972, convicting him of criminal possession of stolen property in the first degree (Penal Law, § 165.50), and unauthorized use of a motor vehicle (Penal Law, § 165.05, subd. 1), upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Both the above-mentioned statutes give the People the initial benefit of a presumption. Subdivision 1 of section 165.55 of the Penal Law provides: "A person who knowingly…