People v. Di Lorenzo — 301 N.Y. 374

Majority

p. 374

The People of the State of New York, Respondent, v. Anthony Lawrence Di Lorenzo, Appellant.

Argued May 30, 1950;

decided July 11, 1950.

p. 375

David M. Markowitz for appellant.

I. There was no forgery committed in Queens County. II. Defendant did not commit the crime of grand larceny in Queens County. (People v. Spivak, 237 N. Y. 460 ; People v. Bigley, 178 Misc. 552 .) III. Reversal as to forgery requires a reversal of the entire conviction. (People v. Romano, 253 App. Div. 724 , 277 N. Y. 619 ; People v. Adler, 272 App. Div. 1032 ; People v. Rosenberg, 293 N. Y. 16 .)

Charles P. Sullivan, District Attorney (Henry W. Schober of counsel), for respondent.

I. The prosecution was properly instituted in Queens County. (Stover v. People, 56 N. Y. 315 ; People v. Galbo, 218 N. Y. 283 ; Goldstein v. People, 82 N. Y. 231 ; Knickerbocker v. People, 43 N. Y. 177 ; Paige v. People, 6 Parker Cr. Rep. 683 ; People v. Licenziata, 199 App. Div. 106 ; Strassheim v. Daily, 221 U. S. 280 .) II. The submission of the charge of forgery to the jury did not constitute error. (People v. Molineux, 168 N. Y. 264 .)

There is evidence of record sufficient in law to support the judgment insofar as it convicts the defendant of grand larceny, second degree. (People v. Galbo, 218 N. Y. 283 , 290; People v. Weldon, 111 N. Y. 569 , 576-577; Goldstein v. People, 82 N. Y. 231 , 234-235; Knickerbocker v. People, 43 N. Y. 177 , 179-180; Stover v. People, 56 N. Y. 315 , 317-318). Insofar as the judgment convicts the defendant of forgery, second degree, it is reversed and the third count of the indictment (forgery) is dismissed, upon the ground that the record contains no evidence

p. 376

that the defendant committed in Queens County the forgery charged.

The judgments should be modified in accordance with the opinion herein, and, as so modified, affirmed.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Judgment accordingly.

Cases cited

People v. Bigley 178 Misc. 552 N.Y. Sup. Ct. 1942-05-29 p. 375
People v. Rosenberg 293 N. Y. 16 N.Y. 1944-05-25 p. 375
Stover v. People 56 N. Y. 315 N.Y. 1874-04-07 at 317-318 p. 375
Goldstein v. People 82 N. Y. 231 N.Y. 1880-09-28 at 234-235 p. 375
Knickerbocker v. People 43 N. Y. 177 N.Y. 1870-12-13 at 179-180 p. 375
People v. Licenziata 199 App. Div. 106 N.Y. App. Div. p. 375
Strassheim v. Daily 221 U. S. 280 SCOTUS 1911-05-15 p. 375
People v. Molineux 168 N. Y. 264 N.Y. 1901-10-15 p. 375
People v. Weldon 111 N. Y. 569 N.Y. 1888-12-18 at 576-577 p. 375