Judgment unanimously reversed on the law and facts and new trial granted.
Memorandum:
The indictment charged appellant with the crime of grand larceny, first degree, in that he did "counsel, command, induce and procure another to steal" upwards of $500 from a named person. In a separate count defendant was charged with a violation of section 1308 of the Penal Law in that on the same day he received more than $100 knowing the same to have been stolen. The proof...
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