PEOPLE v. PRICE


19 A.D.2d 730 (1963)

The People of the State of New York, Respondent, v. John Price, Appellant

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

July 1, 1963


Judgment reversed on the law and a new trial ordered.

The findings of fact in the court below have not been considered. In our opinion, it was reversible error to charge the jury that it could find the defendant guilty if he had "reason to believe" or "should have known" that the property had been stolen, since the correct test is actual knowledge, not negligence in failing to make reasonable inquiry (People v. Checkman, 284...

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