People v. Kellar

Appellate Division of the Supreme Court of New York

People v. Kellar

159 A.D.2d 977, 552 N.Y.S.2d 997, 1990 N.Y. App. Div. LEXIS 3278

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

DecidedMarch 16, 1990

StatusPublished

This text of 159 A.D.2d 977 (People v. Kellar) 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. Kellar, 159 A.D.2d 977, 552 N.Y.S.2d 997, 1990 N.Y. App. Div. LEXIS 3278 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The evidence was legally sufficient to support defendant’s convictions for grand larceny in the second degree and misuse of food stamps (see, Penal Law §§ 155.35, 20.00; Social Services Law § 147; People v Bleakley, 69 NY2d 490, 495). The People established that defendant was employed and resided in the marital residence during the period in question. Defendant’s wife and child received public assistance based on information that defendant did not reside with the family. It was undisputed at trial that if defendant’s income during the 21/i-year period in question had been considered in computing his wife’s grant, the family would not have been eligible for public assistance benefits. Defendant’s claims of prosecutorial misconduct were unpreserved for review and do not require reversal in any event. (Appeal from judgment of Erie County Court, Rogowski, J. — grand larceny, second degree.) Present — Denman, J. P., Green, Pine, Lawton and Lowery, JJ.

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

Judgment unanimously affirmed. Memorandum: The evidence was legally sufficient to support defendant’s convictions for grand larceny in the second degree and misuse of food stamps (see, Penal Law §§ 155.35, 20.00; Social Services Law § 147; People v Bleakley, 69 NY2d 490, 495). The People established that defendant was employed and resided in the marital residence during the period in question. Defendant’s wife and child received public assistance based on information that defendant did not reside with the family. It was undisputed at trial that if defendant’s income during the 21/i-year period in question had been considered in computing his wife’s grant, the family would not have been eligible for public assistance benefits. Defendant’s claims of prosecutorial misconduct were unpreserved for review and do not require reversal in any event. (Appeal from judgment of Erie County Court, Rogowski, J. — grand larceny, second degree.) Present — Denman, J. P., Green, Pine, Lawton and Lowery, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

159 A.D.2d 977, 552 N.Y.S.2d 997, 1990 N.Y. App. Div. LEXIS 3278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kellar-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack