People v. Soper

Appellate Division of the Supreme Court of New York

People v. Soper

17 A.D.3d 1122, 793 N.Y.S.2d 808, 2005 N.Y. App. Div. LEXIS 4528

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

DecidedApril 29, 2005

StatusPublished

This text of 17 A.D.3d 1122 (People v. Soper) 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. Soper, 17 A.D.3d 1122, 793 N.Y.S.2d 808, 2005 N.Y. App. Div. LEXIS 4528 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered December 19, 2003. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of grand larceny in the third degree (Penal Law § 155.35). Contrary to defendant’s contentions, the evidence concerning the value of the stolen property is legally sufficient to support the conviction (see People v Anzalone, 15 AD3d 903 [2005]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]), and the verdict is not against the weight of the evi[1123]*1123dence (see generally Bleakley, 69 NY2d at 495). Also contrary to defendant’s contention, the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ.

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Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered December 19, 2003. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of grand larceny in the third degree (Penal Law § 155.35). Contrary to defendant’s contentions, the evidence concerning the value of the stolen property is legally sufficient to support the conviction (see People v Anzalone, 15 AD3d 903 [2005]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]), and the verdict is not against the weight of the evi[1123]*1123dence (see generally Bleakley, 69 NY2d at 495). Also contrary to defendant’s contention, the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ.

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Bluebook (online)

17 A.D.3d 1122, 793 N.Y.S.2d 808, 2005 N.Y. App. Div. LEXIS 4528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soper-nyappdiv-2005.

Opinion

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