People v. Zaborski

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified and the matter remitted to the Ulster County Court for a new trial in accordance with this memorandum and, as so modified, affirmed.

Defendant, the proprietor of a second-hand goods shop, was convicted of two counts of criminal possession of stolen property in the second degree. The conviction arose out of defendant’s purchase of previously stolen goods from a police agent. The Appellate Division modified by reducing the conviction to two counts of attempted criminal possession of stolen property in the…