PEOPLE v. STURGIS


122 A.D.2d 535 (1986)

The People of the State of New York, Respondent, v. James Sturgis, Appellant

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

July 11, 1986


Judgment unanimously modified, on the law, by reversing the conviction of criminal possession of stolen property in the second degree, dismissing that count of the indictment and vacating the sentence imposed thereon, and, as modified, affirmed.

Memorandum:

The prosecution failed to present sufficient evidence to raise the inference that defendant knew that the gun he possessed was stolen. The fact that defendant threw the gun away when he was approached by...

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