People v. Kaye

636 N.E.2d 882, 264 Ill. App. 3d 369, 201 Ill. Dec. 450, 1994 Ill. App. LEXIS 835
CourtAppellate Court of Illinois
DecidedMay 31, 1994
DocketNo. 1—92—3730
StatusPublished
Cited by3 cases

This text of 636 N.E.2d 882 (People v. Kaye) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Kaye, 636 N.E.2d 882, 264 Ill. App. 3d 369, 201 Ill. Dec. 450, 1994 Ill. App. LEXIS 835 (Ill. Ct. App. 1994).

Opinion

PRESIDING JUSTICE CAMPBELL

delivered the opinion of the court:

Following a bench trial, defendant, Alan Kaye a/k/a Alan Kirschner, was found guilty on 13 counts of automobile-related theft (111. Rev. Stat. 1989, ch. 951/2, pars. 4 — 103(a)(1), (a)(2), (a)(4)), and one count of theft of vehicle property by deception (111. Rev. Stat. 1989, ch. 38, par. 16 — 1(a)(2)(A)), and sentenced to seven years’ imprisonment. On appeal, defendant contends that: (1) the State failed to prove him guilty of the offenses charged beyond a reasonable doubt; (2) the trial court improperly considered evidence outside of the record; (3) the trial court improperly permitted testimony regarding his prior felony conviction; (4) the trial court improperly permitted a police officer to testify corroborating the out-of-court statements of a prosecution witness; and (5) the trial court erred in denying defendant’s post-trial motion to bar admission of his prior felony conviction during sentencing proceedings. For the following reasons, we affirm the judgment of the trial court.

BACKGROUND

The record reveals the following relevant facts. Defendant was charged by indictment with the following violations of the Illinois Vehicle Code (111. Rev. Stat. 1989, ch. 951h, par. 4 — 100 et seq.): knowingly possessing a stolen 1989 Jaguar; knowingly possessing the 1989 Jaguar with a falsified vehicle identification number (VIN); knowingly possessing the 1989 Jaguar with a removed VIN; knowingly falsifying the VIN on the 1989 Jaguar; knowingly removing the VIN on the 1989 Jaguar; knowingly possessing a stolen 1988 Mercedes; knowingly possessing the 1988 Mercedes with a falsified VIN; knowingly selling the 1988 Mercedes with a falsified VIN; knowingly possessing a stolen 1988 Mercedes with a removed VIN; knowingly removing the VIN on the 1988 Mercedes; knowingly falsifying the VIN on the 1988 Mercedes; knowingly obtaining by deception and theft the property of Jerome Furze; knowingly possessing a stolen 1974 Mercedes; and knowingly possessing a 1974 Mercedes with a falsified VIN.

At trial, Kevin Ebel testified as a witness on behalf of the State that he owns three Ace Hardware stores in Oak Forest, Illinois. Ebel met defendant in early December 1990, through his hairdresser, David Hanson, at Hanson’s hair salon in downtown Chicago. Hanson knew that Ebel was looking to buy a car and suggested that defendant could get a car for Ebel. Defendant told Ebel that he was in the business of selling repossessed cars and that he could get great deals because a buyer only had to pay the balance due on the car. Defendant had for sale a 1989 Jaguar XJ6 and suggested that Ebel test drive the car around the block. Defendant stated that the price of the car was $23,900. Ebel told defendant that he was interested, but would have to think about it.

The next day, defendant brought the Jaguar to Ebel’s Oak Forest store, accompanied by a tall man with long hair, wearing a leather jacket and cowboy boots. Defendant told Ebel that the man was the mechanic who took care of the car. Ebel had asked his friend, James Wolff, an auto mechanic at a high-end auto dealership, to inspect the car to make sure it was mechanically sound.

Wolff carefully inspected the Jaguar. Then Wolff, Ebel and defendant went for a ride in the Jaguar. Ebel noticed that the serial number tag on the windshield was broken off and asked defendant about it. Defendant said that the tag had broken off when the windshield was replaced. Defendant told Ebel that he could have another tag put on. Ebel asked about the title to the Jaguar, and defendant said he could fax the title to Ebel. Ebel received the title the next day, but stated that the numbers were obscured and illegible.

Ebel called the Oak Forest police, who referred Ebel to the State Police. The next day, Ebel gave the State Police the title papers, and the police told Ebel they would get back to him. Defendant then called Ebel and asked him if he was still interested in the car. Ebel told defendant that he was checking to see if he could get the money. Ebel informed the State Police that defendant had contacted him again, and the State Police told Ebel to set up to buy the car so they could investigate.

Ebel contacted defendant and told him that he wanted to buy the Jaguar. Ebel told defendant to meet him at his bank on Wednesday, knowing that the bank would be closed. On Wednesday, Ebel stopped to see the State Police and identified a photograph of defendant. Ebel did not meet defendant at the bank as planned.

On cross-examination, Ebel agreed that he had no reason to believe the Jaguar was stolen at the time he test drove the car from the hair salon. He stated that he now knew the individual who accompanied defendant to be Charles Gross. After Ebel agreed to purchase the Jaguar, defendant told Ebel to make out two checks, one in the amount of $13,500 payable to Tag’s Auto Sales, and the other in the amount of $10,000 payable to Charles Michaels, but Ebel never drafted the checks.

On redirect examination, Ebel was shown a copy of the title to the Jaguar and recalled that he was shocked when he first saw that the car had a Florida title.

Next, James Wolff testified on behalf of the State. Wolff owns a used car dealership in Crestwood, Illinois. On or around December 16, 1990, Wolff met Ebel at his hardware store in Oak Forest to look at a Jaguar Ebel was considering purchasing. At that time, Wolff met defendant. Wolff’s cosmetic inspection of the Jaguar revealed the ID tags were missing on all of the body panels, and the ID tag inside the driver’s door was not the correct manufacturer’s tag. Wolff noted that the tag was in the wrong place and was not the proper shape nor made of the proper material. Wolff also noticed that the body of the Jaguar had been painted. Wolff brought these matters to Ebel’s attention. Wolff stated that defendant did not confer with the other man (Gross) in order to answer Ebel’s questions.

On cross-examination, Wolff stated that he has been in the business of purchasing and selling used cars for 17 years, and knows how to determine whether cars have been repainted or have had structural damage not apparent to the unsophisticated eye. Wolff agreed that an ordinary citizen would not have the expertise that he has, to know where to look for various stickers and identifying numbers on a vehicle.

Next, Jerome Furze testified that he met defendant in early November 1990 at his office building, through a dentist, Dr. Goodman. Defendant told Furze that he had repossessed cars that could be bought cheap because there was only a balance left to be paid. Defendant stated that he had a 1988 Mercedes 300E for sale for $23,500. Furze told defendant that he wanted to pay less, but would like to see the car first.

A few days later, defendant brought the Mercedes to Furze’s office in Chicago. Furze noticed that the car was very clean and told defendant that he was willing to pay $20,000 or $21,000. Within a day or two, defendant called Furze and said he could buy the car for the reduced price, and Furze agreed. Furze said he would pay for the car upon delivery. Within a week, defendant delivered the Mercedes to Furze at his office, and Furze presented defendant with two cashier’s checks as payment, one in the amount of $17,500 payable to Tag’s Auto Sales and the other in the amount of $3,500 payable to defendant.

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Cite This Page — Counsel Stack

Bluebook (online)
636 N.E.2d 882, 264 Ill. App. 3d 369, 201 Ill. Dec. 450, 1994 Ill. App. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kaye-illappct-1994.