People v. Gopal

Appellate Division of the Supreme Court of New York

People v. Gopal

305 A.D.2d 127, 757 N.Y.S.2d 750, 2003 N.Y. App. Div. LEXIS 4594

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

DecidedMay 1, 2003

StatusPublished

Cited by2 cases

This text of 305 A.D.2d 127 (People v. Gopal) 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. Gopal, 305 A.D.2d 127, 757 N.Y.S.2d 750, 2003 N.Y. App. Div. LEXIS 4594 (N.Y. Ct. App. 2003).

Pincite

Opinion

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered June 27, 2001, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of five years probation, 500 hours of community service, and $6,816 of restitution, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. The People presented compelling expert and statistical evidence warranting the conclusion that defendant’s transactions involving damaged MetroCards were fraudulent and could not have been legitimate performances of his duties as a Transit Authority employee (see People v McCorgray, 163 AD2d 263 [1990], lv denied 77 NY2d 880 [1991]). Furthermore, a witness, properly credited by the jury, testified that he sold a quantity of bent Metro-Cards to defendant and watched defendant use his computer to create new cards. Concur — Saxe, J.P., Ellerin, Williams, Lerner and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered June 27, 2001, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of five years probation, 500 hours of community service, and $6,816 of restitution, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility. The People presented compelling expert and statistical evidence warranting the conclusion that defendant’s transactions involving damaged MetroCards were fraudulent and could not have been legitimate performances of his duties as a Transit Authority employee (see People v McCorgray, 163 AD2d 263 [1990], lv denied 77 NY2d 880 [1991]). Furthermore, a witness, properly credited by the jury, testified that he sold a quantity of bent Metro-Cards to defendant and watched defendant use his computer to create new cards. Concur — Saxe, J.P., Ellerin, Williams, Lerner and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

305 A.D.2d 127, 757 N.Y.S.2d 750, 2003 N.Y. App. Div. LEXIS 4594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gopal-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack