People v. Smith — 21 N.Y.2d 853

Majority

p. 853

The People of the State of New York, Respondent, v. William Smith, Appellant.

Submitted February 20, 1968;

decided February 28, 1968.

p. 854

J. Jeffrey Weisenfeld and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Michael R. Stack and H. Richard Uviller of counsel), for respondent.

Judgment reversed and complaint dismissed on the ground that there was no evidence to establish the underlying theft on which the charge of criminally receiving stolen property was based.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.