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People v. Tuozzo

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1981
82 A.D.2d 813 (N.Y. App. Div. 1981)

Opinion

June 1, 1981


Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered February 25, 1980, convicting him of grand larceny in the second degree, criminal possession of stolen property in the first and third degrees, and unauthorized use of a vehicle, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of unauthorized use of a vehicle, and the sentence imposed thereon, and said count is dismissed. As so modified, judgment affirmed and the case is remanded to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Count four of the indictment, charging defendant with the unauthorized use of a vehicle pursuant to subdivision 1 of section 165.05 Penal of the Penal Law, is a lesser included offense of Count two of the indictment, charging him with criminal possession of stolen property in the first degree pursuant to section 165.50 Penal of the Penal Law. All elements required to prove the former offense were required to establish the greater offense. The judgment should be modified accordingly (People v Turner, 61 A.D.2d 845; People v Orsilini, 69 A.D.2d 766; People v Moore, 71 A.D.2d 711; see CPL 1.20, subd 37; 300.40, subd 3, par [b]). The court correctly refused to charge subdivision 3 of section 165.05 Penal of the Penal Law, as such subdivision is not applicable to the facts in this case, in which defendant falsely reported a rented car stolen and changed its license plates. Under the facts of this case the other issues raised by the defendant also do not warrant reversal. Titone, J.P., Lazer, Weinstein and Thompson, JJ., concur.


Summaries of

People v. Tuozzo

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1981
82 A.D.2d 813 (N.Y. App. Div. 1981)
Case details for

People v. Tuozzo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH TUOZZO…

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

Date published: Jun 1, 1981

Citations

82 A.D.2d 813 (N.Y. App. Div. 1981)

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