People v. Goss

In People v. Goss, 229 AD2d 791, 646 N.Y.S.2d 397 (3d Dept. 1996), the defendant was charged with two counts of Burglary in the Second Degree and one count of Criminal Possession of Stolen Property in the Fourth Degree. Based on evidence that the defendant had been found in possession of the proceeds of one of the burglaries, his trial attorney admitted to the jury that defendant was guilty of the lesser crime charged. "Given the overwhelming evidence that defendant possessed and sold a ring which was stolen in the burglary," the Third Department held that this, too, was "a perfectly acceptable strategy." 229 AD2d at 793.