People v. Rosselli

Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered May 2, 2003. The judgment convicted defendant, after a nonjury trial, of criminal possession of stolen property in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed and the matter is remitted to Niagara County Court for proceedings pursuant to CPL 460.50 (5).

Memorandum: Defendant appeals from a judgment convicting him after a bench trial of criminal possession of stolen property in the fifth degree (Penal Law § 165.40). Contrary to the…