The People of the State of New York v. Thomas Daghita

Summary

The Court held that a thief cannot be convicted under Penal Law §1308 for concealing or withholding property he himself stole, reversing the conviction on that count while affirming the grand larceny conviction. The trial court’s instruction allowing a jury to convict on both counts was erroneous, but no new trial was required because the larceny conviction was overwhelming.