People v. Gonzalez

276 A.D.2d 366, 714 N.Y.S.2d 470, 2000 N.Y. App. Div. LEXIS 10601

Opinion

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered April 21, 1998, convicting defendant, after a jury trial, of attempted grand larceny in the third degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence. The evidence clearly warranted the conclusion that defendant was acting as a lookout, in that he was observed on a deserted street in the early morning hours, looking in all directions while a second individual was removing an ignition from a nearby parked car. Furthermore, defendant was heard to whistle as a livery cab driver approached, which action resulted in defendant’s accomplice exiting the vandalized car. Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.