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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN CAROZZA, Appellant.

Judgment affirmed, and case remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5).

Contrary to defendant's contention, the People proved beyond a reasonable doubt that he knowingly possessed stolen property. (See People v Valinoti, 26 N.Y.2d 553.) We also note that the sentence imposed here of five years' probation, and a concurrent term of imprisonment of 10 days was proper. (See People v Suitte, 90 A.D.2d 80.) Mollen, P.J., Titone, Bracken and Rubin, JJ., concur.

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PEOPLE v. CAROZZA
(Nov 13, 1984)