Opinion
January 27, 1953.
Present — Peck, P.J., Callahan, Van Voorhis and Breitel, JJ.
Judgment unanimously modified to the extent of reversing the conviction on the larceny count and dismissing that count and, as so modified, affirmed. A defendant may not be convicted of larceny and for receiving or withholding the identical property. ( People v. Daghita, 301 N.Y. 223.)