People v. Peterson

Appellate Division of the Supreme Court of New York

People v. Peterson

216 A.D.2d 10, 627 N.Y.S.2d 365, 1995 N.Y. App. Div. LEXIS 5847

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

DecidedJune 1, 1995

StatusPublished

Cited by3 cases

This text of 216 A.D.2d 10 (People v. Peterson) 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. Peterson, 216 A.D.2d 10, 627 N.Y.S.2d 365, 1995 N.Y. App. Div. LEXIS 5847 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered August 11, 1993, convicting defendant, after a non-jury trial, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of l1/2 to 3 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), the evidence was legally sufficient to support defendant’s conviction of criminal possession of stolen property in the fourth degree where testimony at trial showed that he attempted to make purchases at a department store with a stolen credit card (Penal Law § 165.45 [2]). It is immaterial whether the credit card either had expired or been cancelled or revoked when the defendant attempted to use it (People v Winfield, 145 AD2d 449, 450, lv denied 73 NY2d 1024). Concur—Rosenberger, J. P., Ellerin, Ross, Williams and Tom, JJ.

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Judgment, Supreme Court, New York County (Jay Gold, J.), rendered August 11, 1993, convicting defendant, after a non-jury trial, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of l1/2 to 3 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), the evidence was legally sufficient to support defendant’s conviction of criminal possession of stolen property in the fourth degree where testimony at trial showed that he attempted to make purchases at a department store with a stolen credit card (Penal Law § 165.45 [2]). It is immaterial whether the credit card either had expired or been cancelled or revoked when the defendant attempted to use it (People v Winfield, 145 AD2d 449, 450, lv denied 73 NY2d 1024). Concur—Rosenberger, J. P., Ellerin, Ross, Williams and Tom, JJ.

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Bluebook (online)

216 A.D.2d 10, 627 N.Y.S.2d 365, 1995 N.Y. App. Div. LEXIS 5847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peterson-nyappdiv-1995.

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