People v. Rodriguez

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 12, 1978, convicting him of criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The record reveals that the Trial Judge, in his charge, failed to instruct the jury that, in order to return a verdict of guilty, it was necessary to find that defendant was aware that the property which he allegedly possessed was stolen (see Matter of Tony M., 44 NY2d 899; 2 CJI [NY]…