People v. Carter

Appeal from a judgment convicting defendant of grand larceny in the first degree in the theft of an automobile, the indictment charging common-law larceny only, under section 1294 of the Penal Law, and unaccountably failing to include a count of larceny by unauthorized use of the vehicle, under section 1293-a. The evidence was thin but we have concluded that it was sufficient to establish defendant’s guilt beyond a reasonable doubt. The owner testified to the theft of the automobile; and said that two days after the taking of the car, the police reported its recovery. He testified further…