People v. Harvey

Appellate Division of the Supreme Court of New York

People v. Harvey

261 A.D.2d 293, 690 N.Y.S.2d 419, 1999 N.Y. App. Div. LEXIS 5765

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

DecidedMay 25, 1999

StatusPublished

This text of 261 A.D.2d 293 (People v. Harvey) 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. Harvey, 261 A.D.2d 293, 690 N.Y.S.2d 419, 1999 N.Y. App. Div. LEXIS 5765 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered December 15, 1994, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence. The People’s failure to locate and call the victim to testify, or to recover the stolen property, did not render the verdict against the weight of the evidence. There was ample evidence, including eyewitness testimony that defendant reached into the sleeping victim’s pocket and removed a brown wallet and testimony that a police officer observed defendant in possession of a brown wallet, which defendant, upon being questioned by the police officer, threw to the floor and kicked to his unapprehended companion. Concur — Ellerin, P. J., Rosenberger, Williams, Andidas and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Antonio Brandveen, J.), rendered December 15, 1994, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence. The People’s failure to locate and call the victim to testify, or to recover the stolen property, did not render the verdict against the weight of the evidence. There was ample evidence, including eyewitness testimony that defendant reached into the sleeping victim’s pocket and removed a brown wallet and testimony that a police officer observed defendant in possession of a brown wallet, which defendant, upon being questioned by the police officer, threw to the floor and kicked to his unapprehended companion. Concur — Ellerin, P. J., Rosenberger, Williams, Andidas and Saxe, JJ.

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Bluebook (online)

261 A.D.2d 293, 690 N.Y.S.2d 419, 1999 N.Y. App. Div. LEXIS 5765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harvey-nyappdiv-1999.