This section contains the nature of the case and procedural background.

An employee of Volpe Motors discovered that a new car was missing from the repair shop. Police found the car on a local street some distance from the dealership. The wheels were missing from the car, and they had a value of $750. Robinson (D) was arrested when police found his fingerprints on the rear fender skirts. D stated that he did not steal the car but knowing that it was stolen from Volpe, he and two friends removed the tires. D was charged with grand larceny in the third degree. At trial, there was no evidence connecting D with the theft of the car. D was found guilty of grand larceny. D appealed. The appellate division reversed; D might have been guilty of criminal possession, but the evidence was insufficient to establish that he committed larceny.

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