People v. Matthews

Defendant was convicted in the Court of Special Sessions, on two counts, of the misdemeanors of criminally buying and receiving stolen property and criminally concealing and withholding stolen property (Penal Law, § 1308), respectively. The property in question was wearing apparel contained in a carton. The fact that the property in question was stolen by someone is an essential element of the crimes with which defendant is charged (People v. Walker, 198 N. Y. 329). There was no evidence before the trial court that the wearing apparel recited in the information was stolen or obtained from the…