Thomas M. Stark for defendant.
Harry C. Brenner, District Attorney (
Charles R. Thom of counsel), for plaintiff.
between simple and aggravated larceny is set at $20. Thus the case falls squarely within the rule in the
Olah case (
supra), and the indictment charging the theft of cigarettes of the value of $1.50 also brings the case under the rule set forth in
People ex rel. Newman v. Foster (297 N.Y. 27). As to the conviction for receiving, it is patently bad. The thief cannot also be the receiver of the same stolen goods. (
People v. Daghita, 301 N.Y. 223.) The petition is granted to the extent that the sentence imposed herein on June 4, 1952, is set aside and the Warden of Great Meadow Prison is directed to return said prisoner to the custody of the Sheriff of Suffolk County to whose custody he is remanded for resentence on September 14, 1953, at 10:00 A.M.