People v. Molina

OPINION OF THE COURT

Barry Kron, J.

The defendant has been charged with criminal possession of stolen property in the fifth degree and petit larceny, in viola*613tian of Penal Law §§ 165.40 and 155.25. The defendant has moved to dismiss the charges on the ground that the accusatory instrument is facially defective, and for other relief should this aspect of his motion be denied. The novel question raised by the instant motion is whether an adequate criminal court complaint exists when the allegation is that the defendant was discovered to be in possession of allegedly unique and identifiable…