PEOPLE v. SPARKS


24 A.D.2d 538 (1965)

The People of the State of New York, Respondent, v. Kenneth Sparks, Appellant

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

June 23, 1965


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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