PEOPLE v. DOUGLAS

2014-00554. Ind. No. 8017/12.

200 A.D.3d 795 (2021)

155 N.Y.S.3d 131

2021 NY Slip Op 06857

The People of the State of New York, Respondent, v. Curtis Douglas, Appellant.

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

Decided December 8, 2021.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Samuel Barr of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Keith Dolan , Seth M. Lieberman , and Craig Marinaro of counsel), for respondent.

Chambers, J.P., Hinds-Radix, Miller and Connolly, JJ., concur.


Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

As charged here, criminal possession of stolen property in the fourth degree requires possession of "a motor vehicle ... other than a motorcycle" (Penal Law § 165.45[5]). During his plea allocution the defendant admitted to possession of "a motor cycle." No further inquiry was made by...

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