People v. Stafford

Appellate Division of the Supreme Court of New York

People v. Stafford

173 A.D.2d 233, 569 N.Y.S.2d 441, 1991 N.Y. App. Div. LEXIS 5573

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

DecidedMay 9, 1991

StatusPublished

Cited by6 cases

This text of 173 A.D.2d 233 (People v. Stafford) 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. Stafford, 173 A.D.2d 233, 569 N.Y.S.2d 441, 1991 N.Y. App. Div. LEXIS 5573 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered August 15, 1989, convicting defendant, after jury trial, of grand larceny in the fourth degree, and sentencing him to an indeterminate term of imprisonment of from 2 to 4 years, unanimously affirmed.

[234]*234Police officers saw defendant grabbing and snatching currency from the hand of an unidentified victim and running away. Having been apprehended, defendant told the officers, "Alright, you got me”, and, "It’s not that much anyway. What is it, ten dollars? It’s no big deal”, and "I would have gotten away if it wasn’t for the tables.”

The People proved defendant’s guilt of grand larceny in the fourth degree (Penal Law § 155.30 [5]) beyond a reasonable doubt, notwithstanding their failure to produce the owner of the money taken. Defendant’s lack of ownership may reasonably be inferred from the circumstances. (People v Borrero, 26 NY2d 430, 436.) The evidence adduced at trial would lead a reasonable person to conclude that defendant had wrongfully taken money from the unidentified victim. Defendant’s suggestion that the money may have been his is completely belied by the manner in which he had taken the property, his flight and his statements.

We find no basis for disturbing the order resentencing defendant for a violation of probation. Concur—Murphy, P. J., Sullivan, Asch, Kassal and Rubin, JJ.

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Judgment, Supreme Court, New York County (Angela Mazzarelli, J.), rendered August 15, 1989, convicting defendant, after jury trial, of grand larceny in the fourth degree, and sentencing him to an indeterminate term of imprisonment of from 2 to 4 years, unanimously affirmed.

[234]*234Police officers saw defendant grabbing and snatching currency from the hand of an unidentified victim and running away. Having been apprehended, defendant told the officers, "Alright, you got me”, and, "It’s not that much anyway. What is it, ten dollars? It’s no big deal”, and "I would have gotten away if it wasn’t for the tables.”

The People proved defendant’s guilt of grand larceny in the fourth degree (Penal Law § 155.30 [5]) beyond a reasonable doubt, notwithstanding their failure to produce the owner of the money taken. Defendant’s lack of ownership may reasonably be inferred from the circumstances. (People v Borrero, 26 NY2d 430, 436.) The evidence adduced at trial would lead a reasonable person to conclude that defendant had wrongfully taken money from the unidentified victim. Defendant’s suggestion that the money may have been his is completely belied by the manner in which he had taken the property, his flight and his statements.

We find no basis for disturbing the order resentencing defendant for a violation of probation. Concur—Murphy, P. J., Sullivan, Asch, Kassal and Rubin, JJ.

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Bluebook (online)

173 A.D.2d 233, 569 N.Y.S.2d 441, 1991 N.Y. App. Div. LEXIS 5573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stafford-nyappdiv-1991.

Opinion

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