Opinion
December 28, 1987
Appeal from the County Court, Nassau County (O'Shaughnessy, J.).
Ordered that the judgment is affirmed.
The defendant's motion to dismiss the indictment on the ground that the police returned the stolen property to its owners in violation of Penal Law § 450.10 was properly denied since the police never actually had custody of the property (see, Penal Law § 450.10; People v Carter, 121 A.D.2d 644, lv denied 68 N.Y.2d 768).
We have examined the defendant's other contention and find it to be without merit. Thompson, J.P., Rubin, Eiber and Sullivan, JJ., concur.