People v. Alicea

Memorandum. The judgment appealed from should be reversed and a new trial ordered. The value of the stolen article under the applicable statute (former Penal Law, § 1305; see new *687Penal Law, § 155.20, suM. 1) is “ the price at which * * * [it] would probably have been sold in the regular course of business at the time when and the place where * * * [it was] stolen ” (People v. Irrizari, 5 N Y 2d 142, 146). The insurance payment, indefinite in amount, which complainant received for his automobile was insufficient to prove that such value at the time of the theft was at least $500. Without…