People v. Aponte

Judgment of the Supreme Court, New York County (Daniel P. FitzGerald, J., at hearing; Luis M. Ñeco, J., at trial and sentence), rendered September 23, 1986, after a jury trial, convicting the defendant of grand larceny in the third degree and sentencing him, as a predicate felon, to an indeterminate term of incarceration of 2 to 4 years, unanimously reversed, on the law, and the matter remanded for a new trial.

In support of the defendant’s conviction for grand larceny in the third degree, the People presented evidence at trial that the defendant had picked the pocket of an undercover officer.…