PEOPLE v. ROLLINO


37 Misc.2d 14 (1962)

The People of the State of New York, Plaintiff, v. Gerard Rollino, Defendant.

Supreme Court, Criminal Term, Queens County.

November 5, 1962


Attorney(s) appearing for the Case

Herbert A. Lyon for defendant. Frank D. O'Connor, District Attorney (Howard D. Stave of counsel), for plaintiff.


J. IRWIN SHAPIRO, J.

At the conclusion of his trial without a jury (N. Y. Const., art I, § 2), under an indictment charging him with grand larceny, second degree, defendant has moved for its dismissal and thereby revived the question whether a would-be thief can be guilty of either a consummated or an attempted larceny when the coveted property is turned over to him with the knowledge and consent of the owner, by one of its agents, by prearrangement...

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