People v. Mattiace

Appellate Division of the Supreme Court of New York

People v. Mattiace

131 A.D.2d 787, 516 N.Y.S.2d 916, 1987 N.Y. App. Div. LEXIS 48232

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

DecidedJune 22, 1987

StatusPublished

This text of 131 A.D.2d 787 (People v. Mattiace) 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. Mattiace, 131 A.D.2d 787, 516 N.Y.S.2d 916, 1987 N.Y. App. Div. LEXIS 48232 (N.Y. Ct. App. 1987).

Pincite

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered February 11, 1986, convicting him of criminal possession of stolen property in the second degree, possession of commercial lobster gear without consent of the licensee (25 counts), and failure to mark lobster gear with correct number assigned (14 counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The defendant is a lobster fisherman who was caught using other lobstermen’s traps in Long Island Sound without their consent. Although he testified that he was storing the traps and intended to return them to the owners, this claim was rejected by the trier of fact. We find that the evidence proved the defendant’s guilt of the crimes charged beyond a reasonable doubt and the verdict was not against the weight of the evidence (CPL 470.15 [5]).

We find no merit to the defendant’s claims on appeal that he was denied the due process of law during his trial; nor do we find his sentence excessive. Mangano, J. P., Bracken, Fiber and Spatt, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Suffolk County (Rohl, J.), rendered February 11, 1986, convicting him of criminal possession of stolen property in the second degree, possession of commercial lobster gear without consent of the licensee (25 counts), and failure to mark lobster gear with correct number assigned (14 counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The defendant is a lobster fisherman who was caught using other lobstermen’s traps in Long Island Sound without their consent. Although he testified that he was storing the traps and intended to return them to the owners, this claim was rejected by the trier of fact. We find that the evidence proved the defendant’s guilt of the crimes charged beyond a reasonable doubt and the verdict was not against the weight of the evidence (CPL 470.15 [5]).

We find no merit to the defendant’s claims on appeal that he was denied the due process of law during his trial; nor do we find his sentence excessive. Mangano, J. P., Bracken, Fiber and Spatt, JJ., concur.

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Bluebook (online)

131 A.D.2d 787, 516 N.Y.S.2d 916, 1987 N.Y. App. Div. LEXIS 48232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mattiace-nyappdiv-1987.