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PEOPLE v. DAGHITA

276 A.D. 20 (1949)

The People of the State of New York, Respondent, v. Thomas Daghita, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.

Attorney(s) appearing for the Case

Victor Levine for appellant.

Frederick B. Bryant, District Attorney, for the respondent.

BREWSTER, DEYO and SANTRY, JJ., concur with BERGAN, J.; HEFFERNAN, J. P., dissents and votes to reverse the judgment convicting defendant as a receiver of stolen property and to dismiss that count of the indictment, in a memorandum.

BERGAN, J.

Defendant, a policeman in the city of Ithaca, has been convicted of the crimes of grand larceny in the first degree and of concealing and withholding stolen property. The crimes were separately charged in the same indictment; the property which defendant was accused of concealing and withholding was the same property he was accused of stealing.

The property consisted of a great many separate...

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