Order unanimously reversed, demurrer disallowed, and indictment reinstated.
Memorandum:
The indictment charged defendant with a violation of section 1308 of the Penal Law for "buying, receiving, concealing or withholding stolen or wrongfully acquired property * * * in that he * * * knowing that the same had been stolen or wrongfully acquired, wilfully and unlawfully received, concealed and withheld". The defendant interposed a demurrer to the indictment on...
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