PEOPLE v. RAMIREZ (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Javier RAMIREZ, Defendant-Appellant.

No.

Decided: October 02, 2020

PRESENT: Edmead, P.J., Cooper, Higgitt, JJ.

Judgment of conviction (Anne J. Swern, J.), rendered January 30, 2019, reversed, on the law, and the accusatory instrument dismissed.

Reversal of the judgment of conviction and dismissal of the accusatory instrument charging defendant with criminal possession of stolen property in the fifth degree (see Penal Law § 165.40) is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the "stolen property" element of the offense.

Per Curiam.

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