People v. Cosmides (133 A.D. 103, 1909)

Houghton, J..

The defendant was indicted upon two counts, one for the larceny .of a certificate for 100 shares of the preferred stock of the United States Steel Corporation, and the other for receiving such stock knowing it to líavé been stolen. ' ■/ '

The first count was withdrawn and the defendant was tried and convicted for criminally receiving stolen property. The defendant did not'dispute that the stock Was stolen. His defense was that he never received it or knew of (or had anything to do with it. The man who committed the larceny was sworn in behalf of the People ■and he testified that after lie liad committed the larceny he delivered the certificate of stock to one Goslin in the county of Hew York, under an arrangement that he was to have a portion of the money realized upon. it. Some months thereafter, the People proved that this defendant,, under the assumed name of Burrowe, pledged the stock with a Boston bank as security for a loan of $7,500. According to some of the testimony the appearance of Burrowe was quite different from that of the defendant. The witnesses, however, were positive in their identification of the defendant as the man who presented the stock to the bank and/negotiated the loan. Although' the