The property in question was wearing apparel contained in a carton. The fact that the property in question was stolen by someone is an essential element of the crimes with which defendant is charged (People v. Walker, 198 N.Y. 329). There was no evidence before the trial court that the wearing apparel recited in the information was stolen or obtained from the possession of the shipper, consignee or express company under circumstances that would constitute larceny....
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