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People v. Pineras

Supreme Court of New York, First Department

January 16, 2014

The People of the State of New York, Respondent,
v.
Joseph Pineras, Defendant-Appellant.

Law Offices of Guy Oksenhendler, New York (Guy Oksenhendler of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.

Mazzarelli, J.P., Friedman, DeGrasse, Richter, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered November 13, 2012, convicting defendant, after a jury trial, of grand larceny in the first degree and falsifying business records in the first degree, and sentencing him to concurrent terms of 1⅓ to 4 years, unanimously affirmed. The matter is remitted to Supreme Court for further proceedings pursuant to CPL 460.50(5).

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (People v Danielson, 9 N.Y.3d 342 [2007]). There is no basis for disturbing the jury's credibility determinations. There was nonaccomplice testimony and documentary evidence that satisfied the standards for corroboration of accomplice testimony (see People v Reome, 15 N.Y.3d 188, 192-193 [2010]). Furthermore, defendant's behavior after the theft evinced a consciousness of guilt, and provided further assurances of the reliability of the accomplice testimony.


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