People v. Newman

Appellate Terms of the Supreme Court of New York

People v. Newman

85 Misc. 2d 761, 382 N.Y.S.2d 227, 1976 N.Y. Misc. LEXIS 2054

Appellate Terms of the Supreme Court of New York·Decided January 26, 1976·Published·Cited by 5 cases

Opinion

Per Curiam.

In this nonjury case defendant has been found guilty of petit larceny (Penal Law, § 155.25). Assuming, arguendo, that the testimony did not establish defendant’s intent to obtain property by false promise to "a moral certainty” (Penal Law, § 155.05, subd 2, par [d]), there is ample evidence in the record to establish defendant’s larcenous intent to withhold property from its owner, as defined in section 155.00 and subdivision 1 of section 155.05 of the Penal Law, beyond a reasonable doubt.

Defendant’s failure to move to suppress alleged involuntary admissions received into evidence, either before or during the course of the trial, precludes consideration of this issue on [762] appeal (CPL 710.20, 710.30, 710.60, 710.70; People v Weaver, 38 AD2d 617).

We have examined the remaining contentions raised by the defendant and find them to be without merit.

Judgment of conviction rendered February 28, 1975 affirmed.

Concur: Markowitz, P. J., Tierney and Riccobono, JJ.

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Per Curiam.

In this nonjury case defendant has been found guilty of petit larceny (Penal Law, § 155.25). Assuming, arguendo, that the testimony did not establish defendant’s intent to obtain property by false promise to "a moral certainty” (Penal Law, § 155.05, subd 2, par [d]), there is ample evidence in the record to establish defendant’s larcenous intent to withhold property from its owner, as defined in section 155.00 and subdivision 1 of section 155.05 of the Penal Law, beyond a reasonable doubt.

Defendant’s failure to move to suppress alleged involuntary admissions received into evidence, either before or during the course of the trial, precludes consideration of this issue on [762] appeal (CPL 710.20, 710.30, 710.60, 710.70; People v Weaver, 38 AD2d 617).

We have examined the remaining contentions raised by the defendant and find them to be without merit.

Judgment of conviction rendered February 28, 1975 affirmed.

Concur: Markowitz, P. J., Tierney and Riccobono, JJ.

People v. Newman, 85 Misc. 2d 761, 382 N.Y.S.2d 227, 1976 N.Y. Misc. LEXIS 2054 (N.Y. Ct. App. 1976).

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Opinion

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