People v. . Spivak

Cardozo, J.:

An automobile was stolen in the county of Mew York. It was sold a few- days later at a garage in the County of Kings. The defendant, having made the sale, should have explained the origin of his possession (People v. Galbo, 218 N. Y. 283, 290). The explanation which he gave was false. An indictment found against him in the County of Mew York is in two counts, one of them for larceny, and the other for receiving stolen property. The jury, having received the case on both counts, acquitted the defendant on the first, and convicted him on the second. The Appellate Division reversed…