People v. Quinney

Appellate Division of the Supreme Court of New York

People v. Quinney

213 A.D.2d 1069, 625 N.Y.S.2d 984, 1995 N.Y. App. Div. LEXIS 3918

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

DecidedMarch 17, 1995

StatusPublished

This text of 213 A.D.2d 1069 (People v. Quinney) 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. Quinney, 213 A.D.2d 1069, 625 N.Y.S.2d 984, 1995 N.Y. App. Div. LEXIS 3918 (N.Y. Ct. App. 1995).

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Opinion

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for sentencing in accordance with the following Memorandum: Defendant was convicted, after a jury trial, of grand larceny in the second degree (Penal Law § 155.40) and petit larceny (Penal Law § 155.25). We agree with the contention that defendant was entitled to the benefit of the 1986 amendment to Penal Law § 155.40 increasing the minimum value of the property required for the crime of grand larceny in the second degree to $50,000 (see, People v Behlog, 74 NY2d 237). Because the jury was charged to render a guilty verdict if it found that the amount of money defendant stole exceeded $1,500, we modify the judgment by reducing defendant’s conviction of grand larceny in the second degree to grand larceny in the fourth degree (Penal Law § 155.30) and by vacating the sentence imposed thereon, and we remit the matter to Erie County Court for sentencing on that conviction (see, CPL 470.20 [4]).

We have considered the remaining contentions raised by defendant and conclude that they are without merit. (Appeal from Judgment of Erie County Court, D’Amico, J.—Grand Larceny, 2nd Degree.) Present—Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for sentencing in accordance with the following Memorandum: Defendant was convicted, after a jury trial, of grand larceny in the second degree (Penal Law § 155.40) and petit larceny (Penal Law § 155.25). We agree with the contention that defendant was entitled to the benefit of the 1986 amendment to Penal Law § 155.40 increasing the minimum value of the property required for the crime of grand larceny in the second degree to $50,000 (see, People v Behlog, 74 NY2d 237). Because the jury was charged to render a guilty verdict if it found that the amount of money defendant stole exceeded $1,500, we modify the judgment by reducing defendant’s conviction of grand larceny in the second degree to grand larceny in the fourth degree (Penal Law § 155.30) and by vacating the sentence imposed thereon, and we remit the matter to Erie County Court for sentencing on that conviction (see, CPL 470.20 [4]).

We have considered the remaining contentions raised by defendant and conclude that they are without merit. (Appeal from Judgment of Erie County Court, D’Amico, J.—Grand Larceny, 2nd Degree.) Present—Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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Bluebook (online)

213 A.D.2d 1069, 625 N.Y.S.2d 984, 1995 N.Y. App. Div. LEXIS 3918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-quinney-nyappdiv-1995.

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