Supreme Court of New York
233 N.Y.S. 2d 580 (1962)
Gerard Rollino (defendant) was indicted on a charge of grand larceny in the second degree after taking stolen drugs from an agent of the owner of the drugs, both of whom were secretly working with the police. After a bench trial, Rollino was found guilty of grand larceny. Rollino challenged the indictment on the basis that the agent had offered him drugs in an effort to entrap him. Rollino moved to dismiss the indictment, arguing that the consensual taking of property made both grand larceny and attempted grand larceny a legal impossibility.
Rule of Law
Holding and Reasoning (Shapiro, J.)
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