Court of Appeals of New York

In a conviction of defendant for stealing copper pipes, the judgment of the Appellate Division is affirmed, as the trial court did not abuse its discretion by determining that defendant did not suffer prejudice and declining to impose a sanction on defendant's claim that the pipes he was accused of stealing were returned to their rightful owner without notice to defendant in violation of Penal Law section 450.10. Further, the government's appeal is dismissed on the ground that the modification by the Appellate Division as the alleged error was unpreserved.

Appellate Information

• Decided 06/28/2012
• Published 06/28/2012

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Court

• Court of Appeals of New York

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