People v. Fernandez

Appellate Division of the Supreme Court of New York

People v. Fernandez

126 A.D.3d 425, 2 N.Y.S.3d 344

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

DecidedMarch 3, 2015

Docket14401

StatusPublished

This text of 126 A.D.3d 425 (People v. Fernandez) 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. Fernandez, 126 A.D.3d 425, 2 N.Y.S.3d 344 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered May 24, 2012, convicting defendant, after a nonjury trial, of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree, and sentencing her to a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence, viewed as a whole, supports an inference that, after finding the victim’s wallet, defendant removed money from the wallet before returning it to the victim.

Concur — Acosta, J.P., Andrias, Saxe, DeGrasse and Richter, JJ.

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Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered May 24, 2012, convicting defendant, after a nonjury trial, of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree, and sentencing her to a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence, viewed as a whole, supports an inference that, after finding the victim’s wallet, defendant removed money from the wallet before returning it to the victim.

Concur — Acosta, J.P., Andrias, Saxe, DeGrasse and Richter, JJ.

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Bluebook (online)

126 A.D.3d 425, 2 N.Y.S.3d 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fernandez-nyappdiv-2015.

Opinion

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