People v. Rodriguez

52 A.D.3d 249, 857 N.Y.S.2d 910

Opinion

Judgment, Supreme Court, New York County (Ruth Pickholz, J), rendered June 7, 2007, as amended June 20, 2007, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). While each of defendant’s actions, viewed in isolation, may have had an innocent explanation, his pattern of behavior supported the conclusion that he intentionally aided his companion by acting as a lookout. Concur—Tom, J.P, Friedman, Nardelli, Buckley and Renwick, JJ.