People v. Callen

Appellate Division of the Supreme Court of New York

People v. Callen

5 A.D.3d 301, 773 N.Y.S.2d 542, 2004 N.Y. App. Div. LEXIS 3452

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

DecidedMarch 25, 2004

StatusPublished

This text of 5 A.D.3d 301 (People v. Callen) 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. Callen, 5 A.D.3d 301, 773 N.Y.S.2d 542, 2004 N.Y. App. Div. LEXIS 3452 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered January 10, 2002, convicting defendant, after a jury trial, of grand larceny in the fourth degree (four counts), criminal possession of stolen property in the fourth degree, criminal possession of stolen property in the fifth degree (two counts) and petit larceny, and sentencing him, as a second felony offender, to four consecutive terms of 2 to 4 years concurrent with concurrent terms of 2 to 4 years and 1 year (three terms), unanimously affirmed.

The verdict was based upon sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). As to each incident, the credible evidence warranted the conclusion that defendant stole the victim’s possessions, and did not merely have an opportunity to do so. Moreover, the police recovered property belonging to two of the victims from defendant.

We perceive no basis for reducing the sentence. Concur—Ellerin, J.P., Williams, Lerner and Marlow, JJ.

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Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered January 10, 2002, convicting defendant, after a jury trial, of grand larceny in the fourth degree (four counts), criminal possession of stolen property in the fourth degree, criminal possession of stolen property in the fifth degree (two counts) and petit larceny, and sentencing him, as a second felony offender, to four consecutive terms of 2 to 4 years concurrent with concurrent terms of 2 to 4 years and 1 year (three terms), unanimously affirmed.

The verdict was based upon sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). As to each incident, the credible evidence warranted the conclusion that defendant stole the victim’s possessions, and did not merely have an opportunity to do so. Moreover, the police recovered property belonging to two of the victims from defendant.

We perceive no basis for reducing the sentence. Concur—Ellerin, J.P., Williams, Lerner and Marlow, JJ.

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Bluebook (online)

5 A.D.3d 301, 773 N.Y.S.2d 542, 2004 N.Y. App. Div. LEXIS 3452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-callen-nyappdiv-2004.

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