PEOPLE v. IZZO


96 Misc.2d 634 (1978)

The People of the State of New York, Plaintiff, v. Joseph Izzo, Michael Dragone and Joseph Vende, Defendants.

Criminal Court of the City of New York, Bronx County.

October 20, 1978


Attorney(s) appearing for the Case

Cantor & Kramer (Robert Cantor of counsel), for defendants. Mario Merola, District Attorney (Eugene Oliver of counsel), for plaintiff.


JULIAN A. HERTZ, J.

The defendants have moved for dismissal of the charge of petit larceny (Penal Law, § 155.25) on the ground that Consolidated Rail Corporation (Con Rail) may not, as a matter of law, act as the complainant in this prosecution. Defendants are three Con Rail employees who allegedly entered a railroad car situated at Hunts Point Market and stole four cases of broccoli and five cases of artichokes valued at $156. The goods had

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