People v. Martinez

Appellate Division of the Supreme Court of New York

People v. Martinez

42 A.D.2d 588, 344 N.Y.S.2d 1007, 1973 N.Y. App. Div. LEXIS 4215

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 1973·Published

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 16, 1972, convicting him of burglary in the second degree, petit larceny and possession of weapons and dangerous instruments and appliances as a misdemeanor, upon a jury verdict, and sentencing him to probation on each count. Judgment modified by reversing the conviction and sentence for petit larceny, on the law and the facts, and dismissing the count therefor, on the law. As so modified, judgment affirmed. In our opinion the evidence was insufficient to support the petit larceny conviction (People v. Stephens, 254 App. Div. 579). Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 16, 1972, convicting him of burglary in the second degree, petit larceny and possession of weapons and dangerous instruments and appliances as a misdemeanor, upon a jury verdict, and sentencing him to probation on each count. Judgment modified by reversing the conviction and sentence for petit larceny, on the law and the facts, and dismissing the count therefor, on the law. As so modified, judgment affirmed. In our opinion the evidence was insufficient to support the petit larceny conviction (People v. Stephens, 254 App. Div. 579). Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

People v. Martinez, 42 A.D.2d 588, 344 N.Y.S.2d 1007, 1973 N.Y. App. Div. LEXIS 4215 (N.Y. Ct. App. 1973).

Pincite

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Opinion

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