Summary
In People v. Baldiseno (266 App. Div. 909) an indictment charging grand larceny was dismissed where it was shown that the defendant was with those who committed the larceny and ran away from the scene of the crime with them. The facts in that case were more convincing than those presented in the instant case to establish guilt.
Summary of this case from People v. HodgsonOpinion
June 29, 1943.
Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ.
Judgment of conviction and order reversed on the law and facts and indictment dismissed. Memorandum: We find no evidence in the record tending to connect the defendant with the commission of the crime for which he has been convicted. The fact that he was with the boys who committed the larceny and that he ran away from the scene of the crime with them is not sufficient to establish that he aided, abetted or otherwise participated in the crime or that he was their accomplice. ( People v. Ligouri, 284 N.Y. 309; People v. Cohen, 223 N.Y. 406; People v. Weiss, 290 N.Y. 160.) Since all the available proof was produced at the trial, a new trial would serve no useful purpose. The judgment, therefore, should be reversed and the indictment dismissed. All concur. (The judgment convicts defendant of the crime of grand larceny, first degree. The order denies a motion for a new trial.)