People v. Marshall

OPINION OF THE COURT

Memorandum.

Order of the court below (90 Misc 2d 531) is unanimously *70reversed on the law, motion to dismiss denied and information reinstated.

The mere failure or inability to produce at trial the article allegedly stolen is not a bar to a larceny conviction (People v Fonville, 72 Misc 2d 785; People v Campbell, 69 Misc 2d 808; Rice v United States, 411 F2d 485); and there appears to be no basis for a pretrial dismissal of the information upon the ground that the article was disposed of and cannot be produced. Although situations may exist where the unavailability of the…