People v. Cain

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 9, 2004, convicting him of criminal possession of stolen property in the fourth degree (seven counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reducing the defendant’s conviction of criminal possession of stolen property in the fourth degree under count four of the indictment to criminal possession of stolen property in the fifth degree; as so modified, the judgment is affirmed.

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