People v. Tellier

Appellate Division of the Supreme Court of New York

People v. Tellier

211 A.D.2d 567, 622 N.Y.S.2d 451, 1995 N.Y. App. Div. LEXIS 553

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

DecidedJanuary 26, 1995

StatusPublished

This text of 211 A.D.2d 567 (People v. Tellier) 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. Tellier, 211 A.D.2d 567, 622 N.Y.S.2d 451, 1995 N.Y. App. Div. LEXIS 553 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered May 7, 1993, convicting defendant, after a non-jury trial, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 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 was proven beyond a reasonable doubt by legally sufficient evidence and the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The issue raised by the defendant that he was innocently driving a borrowed car, when he was apprehended in recent, exclusive, unexplained possession of almost $19,000 in stolen property, which consisted of an automobile, whose trunk contained stolen jewelry, was properly placed before the fact finder, and we find no reason to disturb the trial court’s determination. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Nardelli, JJ.

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Judgment, Supreme Court, New York County (Felice Shea, J.), rendered May 7, 1993, convicting defendant, after a non-jury trial, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 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 was proven beyond a reasonable doubt by legally sufficient evidence and the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The issue raised by the defendant that he was innocently driving a borrowed car, when he was apprehended in recent, exclusive, unexplained possession of almost $19,000 in stolen property, which consisted of an automobile, whose trunk contained stolen jewelry, was properly placed before the fact finder, and we find no reason to disturb the trial court’s determination. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Nardelli, JJ.

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Bluebook (online)

211 A.D.2d 567, 622 N.Y.S.2d 451, 1995 N.Y. App. Div. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tellier-nyappdiv-1995.

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