People v. Kevrekian

Appellate Division of the Supreme Court of New York

People v. Kevrekian

304 A.D.2d 374, 756 N.Y.S.2d 746, 2003 N.Y. App. Div. LEXIS 3832

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 2003·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, New York County (Laura Drager, J.), rendered December 20, 2001, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree and two counts of possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, 1 year and 1 year, unanimously affirmed.

The verdict was not against the weight of the evidence. The totality of the evidence warranted the inference of larcenous intent (see People v Kirnon, 39 AD2d 666, 667 [1972], affd 31 NY2d 877 [1972]), and the jury properly discredited defendant’s testimony that he only intended to borrow the car. We note that defendant was arrested in possession of the car at a location that was inconsistent with his claimed destination. Concur — Buckley, P.J., Nardelli, Andrias, Friedman and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Laura Drager, J.), rendered December 20, 2001, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree and two counts of possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, 1 year and 1 year, unanimously affirmed.

The verdict was not against the weight of the evidence. The totality of the evidence warranted the inference of larcenous intent (see People v Kirnon, 39 AD2d 666, 667 [1972], affd 31 NY2d 877 [1972]), and the jury properly discredited defendant’s testimony that he only intended to borrow the car. We note that defendant was arrested in possession of the car at a location that was inconsistent with his claimed destination. Concur — Buckley, P.J., Nardelli, Andrias, Friedman and Gonzalez, JJ.

People v. Kevrekian, 304 A.D.2d 374, 756 N.Y.S.2d 746, 2003 N.Y. App. Div. LEXIS 3832 (N.Y. Ct. App. 2003).

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Opinion

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