People v. Cole

Appellate Division of the Supreme Court of New York

People v. Cole

270 A.D.2d 945, 705 N.Y.S.2d 310, 2000 N.Y. App. Div. LEXIS 3414

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

DecidedMarch 29, 2000

StatusPublished

This text of 270 A.D.2d 945 (People v. Cole) 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. Cole, 270 A.D.2d 945, 705 N.Y.S.2d 310, 2000 N.Y. App. Div. LEXIS 3414 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), is legally sufficient to establish that the value of the stolen property possessed by defendant exceeded $3,000 (see, People v Stein, 172 AD2d 1060, lv denied 78 NY2d 975) and that defendant is therefore guilty of criminal possession of stolen property in the third degree (Penal Law § 165.50). Defendant failed to preserve for our review his contentions that count one of the indictment is duplicitous (see, People v Rivera, 257 AD2d 425, lv denied 93 NY2d 901) and that County Court’s charge on that count was erroneous (see, People v Molling, 238 AD2d 915). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Genesee County Court, Noonan, J. — Criminal Possession Stolen Property, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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—Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), is legally sufficient to establish that the value of the stolen property possessed by defendant exceeded $3,000 (see, People v Stein, 172 AD2d 1060, lv denied 78 NY2d 975) and that defendant is therefore guilty of criminal possession of stolen property in the third degree (Penal Law § 165.50). Defendant failed to preserve for our review his contentions that count one of the indictment is duplicitous (see, People v Rivera, 257 AD2d 425, lv denied 93 NY2d 901) and that County Court’s charge on that count was erroneous (see, People v Molling, 238 AD2d 915). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Genesee County Court, Noonan, J. — Criminal Possession Stolen Property, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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Bluebook (online)

270 A.D.2d 945, 705 N.Y.S.2d 310, 2000 N.Y. App. Div. LEXIS 3414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cole-nyappdiv-2000.

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