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The People of the State of New York, Respondent v. Alexander Gonzalez

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 14, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ALEXANDER GONZALEZ, ALSO KNOWN AS KLITI MOHAMMED, DEFENDANT-APPELLANT.

People v Gonzalez

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2012

Mazzarelli, J.P., Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered July 22, 2010, convicting defendant, after a jury trial, of grand larceny in the third degree and criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There was ample evidence that, at the time and place of the theft (see Penal Law § 155.20[1]), the value of the stolen property exceeded the $3,000 threshold for third-degree grand larceny and criminal possession of stolen property. This included the testimony of a store security guard, and a receipt indicating the price tags on the items (see People v Irrizari, 5 NY2d 142 [1959]; People v McLeod, 43 AD3d 796 [2007], lv denied 9 NY3d 1007 [2007]; People v Trilli, 27 AD3d 349 [2006], lv denied 6 NY3d 899 [2006]). The possibility that the store might have offered the same merchandise at a lower price on some hypothetical occasion does not warrant a different conclusion.

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 14, 2012

CLERK

20120214

© 1992-2012 VersusLaw Inc.



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