People v. Josan

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered November 22, 1983, convicting him of criminal possession of stolen property in the third degree, after a nonjury trial, and imposing sentence.

Judgment affirmed, and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5).

Defendant’s prior conviction on the same indictment was reversed by this court and a new trial was ordered due to trial errors relating to the giving of a missing witness charge and allowing a statement to be admitted as a…