PEOPLE v. SHURN


69 A.D.2d 64 (1979)

The People of the State of New York, Respondent, v. Harry Shurn, Appellant

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

July 2, 1979


Attorney(s) appearing for the Case

Daniel A. O'Connor for appellant.

Carl A. Vergari, District Attorney (Lois A. Cullen and Gerald D. Reilly of counsel), for respondent.

SUOZZI and RABIN, JJ., concur with DAMIANI, J. P.; LAZER, J., concurs as to affirming the judgment convicting defendant of unauthorized use of a vehicle, but otherwise dissents and votes to reverse the burglary and petit larceny convictions under Indictment No. 73-00994 and to dismiss that indictment, with an opinion.


DAMIANI, J. P.

In this case, the victim of an alleged larceny and burglary died prior to trial. The principal issue on this appeal is whether the evidence established that a burglary and larceny had been committed and that the defendant was one of the perpetrators thereof.

In order to establish the charge of petit larceny, the People were required to prove (1) ownership of the property in question, (2...

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