People v. Powers

262 A.D.2d 713, 698 N.Y.S.2d 332, 1999 N.Y. App. Div. LEXIS 6494
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 10, 1999
StatusPublished
Cited by11 cases

This text of 262 A.D.2d 713 (People v. Powers) 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. Powers, 262 A.D.2d 713, 698 N.Y.S.2d 332, 1999 N.Y. App. Div. LEXIS 6494 (N.Y. Ct. App. 1999).

Opinion

Cardona, P. J.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered June 9, 1998, upon a verdict convicting defendant of the crime of criminal possession of stolen property in the fourth degree.

[714]*714Following his arrest for aggravated unlicenced operation of a motor vehicle on August 15, 1997 in the City of Ogdensburg, St. Lawrence County, by Police Sergeant Mark Knowlton, defendant was discovered to be in possession of an American Express corporate credit card issued to Scott Springstead. Defendant was indicted for criminal possession of stolen property in the fourth degree. Subsequent to the denial of his motion to dismiss the indictment for insufficiency, defendant proceeded to trial and was found guilty of the charge. He was sentenced as a second felony offender to a prison term of 22 to 44 months.

On appeal, defendant contends that the evidence was legally insufficient to support the jury’s verdict and against the weight of the evidence. Turning to legal insufficiency, Penal Law § 165.45 (2) provides in pertinent part, as follows: “A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof * * * when * * * the property consists of a credit card”. Penal Law § 165.55 (1) further provides that, “[a] person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.”

At trial, Springstead testified that in July 1997 defendant performed carpentry work for him at his medical office and noted that defendant was also, at the same time, a distributor of various health and vitamin supplements. According to Springstead, one evening while they were working defendant placed a telephone order for some vitamin supplements for Springstead using Springstead’s Visa credit card. Springstead stated that he supervised the transaction. He either handed defendant the Visa card or laid his wallet down on the counter for defendant to remove the card. As far as he knew, only the Visa card was removed and that was the only time defendant made a purchase for him. Springstead testified that he never gave defendant permission to use or possess the American Express corporate credit card found during the inventory search of defendant’s wallet. Springstead also testified that he only used the credit card for business travel and had not used it for IV2 to 2 years prior to August 15, 1997. He added that he believed the card to be valid prior to August 15, 1997,

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Cite This Page — Counsel Stack

Bluebook (online)
262 A.D.2d 713, 698 N.Y.S.2d 332, 1999 N.Y. App. Div. LEXIS 6494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-powers-nyappdiv-1999.