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PEOPLE v. RIVERA

82 N.Y.2d 695 (1993)

619 N.E.2d 407

601 N.Y.S.2d 470

The People of the State of New York, Appellant, v. John Rivera, Respondent.

Court of Appeals of the State of New York.

Decided July 9, 1993.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Donna Krone and Mark Dwyer of counsel), for appellant.

Stuart Banner, New York City, and E. Joshua Rosenkranz for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that the evidence against defendant was insufficient to prove criminal possession of stolen property in the fourth degree. While the proof established that defendant knew the car in which he was observed was stolen, there was no evidence that he was in possession of it. Penal Law § 10.00 (8) defines "possess...

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