State v. Underwood

The opinion of the court was delivered by

ARNOLD M. STEIN, J.A.D.

We reverse defendant’s conviction for receiving stolen property and remand for a new trial.

On the evening of April 6,1993, Elena Gelletly loaned defendant her car so that he could take his girlfriend to dinner. Defendant never returned with the car. Gelletly reported it stolen about two days later.

During the next week, defendant called Gelletly twice, telling her that he had driven the car to New Jersey, and intended to drive it back, but that he needed money to buy gas. He asked Gelletly if she could wire him the money. Gelletly…