People v. Biggs

Appellate Division of the Supreme Court of New York

People v. Biggs

88 A.D.2d 645, 450 N.Y.S.2d 222, 1982 N.Y. App. Div. LEXIS 16865

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 17, 1982

StatusPublished

This text of 88 A.D.2d 645 (People v. Biggs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Biggs, 88 A.D.2d 645, 450 N.Y.S.2d 222, 1982 N.Y. App. Div. LEXIS 16865 (N.Y. Ct. App. 1982).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered February 6,1980, as amended September 17, 1980, convicting him of criminal possession of a forged instrument in the second degree (two counts), attempted grand larceny in the third degree (two counts) and criminal possession of stolen property in the first degree (two counts), upon a jury verdict, and imposing sentence. Judgment as amended modified, on the law, by reducing the conviction of criminal possession of stolen property in the first degree to criminal possession of stolen property in the second degree and vacating the sentences imposed thereon, and case remitted to Criminal Term for resentencing. As so modified, judgment affirmed. The defendant argues, and the People concede, that the evidence adduced at trial failed to establish beyond a reasonable doubt that the value of the property in the defendant’s possession exceeded $1,500 and, therefore, the defendant’s convictions for criminal possession of stolen property must be reduced in degree. We agree. The convictions are reduced to criminal possession of stolen property in the second degree. We find no merit in defendant’s other contentions. Titone, J. P., Lazer, Brown and Niehoff, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered February 6,1980, as amended September 17, 1980, convicting him of criminal possession of a forged instrument in the second degree (two counts), attempted grand larceny in the third degree (two counts) and criminal possession of stolen property in the first degree (two counts), upon a jury verdict, and imposing sentence. Judgment as amended modified, on the law, by reducing the conviction of criminal possession of stolen property in the first degree to criminal possession of stolen property in the second degree and vacating the sentences imposed thereon, and case remitted to Criminal Term for resentencing. As so modified, judgment affirmed. The defendant argues, and the People concede, that the evidence adduced at trial failed to establish beyond a reasonable doubt that the value of the property in the defendant’s possession exceeded $1,500 and, therefore, the defendant’s convictions for criminal possession of stolen property must be reduced in degree. We agree. The convictions are reduced to criminal possession of stolen property in the second degree. We find no merit in defendant’s other contentions. Titone, J. P., Lazer, Brown and Niehoff, JJ., concur.

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Bluebook (online)

88 A.D.2d 645, 450 N.Y.S.2d 222, 1982 N.Y. App. Div. LEXIS 16865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-biggs-nyappdiv-1982.