People v. Raiford

Appellate Division of the Supreme Court of New York

People v. Raiford

192 A.D.2d 327, 595 N.Y.S.2d 691, 1993 N.Y. App. Div. LEXIS 3299

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

DecidedApril 1, 1993

StatusPublished

This text of 192 A.D.2d 327 (People v. Raiford) 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. Raiford, 192 A.D.2d 327, 595 N.Y.S.2d 691, 1993 N.Y. App. Div. LEXIS 3299 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered March 1, 1991, convicting defendant, after jury trial, of grand larceny in the fourth degree and criminal possession of stolen [328]*328property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt of the crimes charged, on an acting-in-concert theory, was proved beyond a reasonable doubt (People v Bleakley, 69 NY2d 490). The issue of the police officers’ ability to observe the coordinated actions of defendant and the codefendant was properly placed before the jury. Its determination that defendant and the codefendant acted in concert to steal the complainant’s property is not unreasonable and will not be disturbed by this Court (People v Gruttola, 43 NY2d 116, 122).

We have considered defendant’s remaining arguments and find them to be both unpreserved for appellate review as a matter of law, and without merit. Concur — Sullivan, J. P., Kupferman, Asch and Kassal, JJ.

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—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered March 1, 1991, convicting defendant, after jury trial, of grand larceny in the fourth degree and criminal possession of stolen [328]*328property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 NY2d 755, cert denied 469 US 932), defendant’s guilt of the crimes charged, on an acting-in-concert theory, was proved beyond a reasonable doubt (People v Bleakley, 69 NY2d 490). The issue of the police officers’ ability to observe the coordinated actions of defendant and the codefendant was properly placed before the jury. Its determination that defendant and the codefendant acted in concert to steal the complainant’s property is not unreasonable and will not be disturbed by this Court (People v Gruttola, 43 NY2d 116, 122).

We have considered defendant’s remaining arguments and find them to be both unpreserved for appellate review as a matter of law, and without merit. Concur — Sullivan, J. P., Kupferman, Asch and Kassal, JJ.

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Bluebook (online)

192 A.D.2d 327, 595 N.Y.S.2d 691, 1993 N.Y. App. Div. LEXIS 3299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-raiford-nyappdiv-1993.

Opinion

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