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People v. Booker

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2006
33 A.D.3d 371 (N.Y. App. Div. 2006)

Opinion

No. 9134.

October 5, 2006.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered February 19, 2004, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Before: Andrias, J.P., Marlow, Nardelli, Williams and Sweeny, JJ.


The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. After defendant and his accomplices emptied three display shelves of fragrances, none of the stolen goods were recovered. However, the store manager was able to estimate their value without resort to speculation. The witness provided a detailed explanation of the basis of her estimate that the property was valued at $5,844, and there was ample evidence supporting the inference that the stolen items were valued in excess of the statutory threshold of $1,000 ( see People v Sheehy, 274 AD2d 844, 845, lv denied 95 NY2d 938; see also People v Bravo, 295 AD2d 213, 214, lv denied 99 NY2d 556).


Summaries of

People v. Booker

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2006
33 A.D.3d 371 (N.Y. App. Div. 2006)
Case details for

People v. Booker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BOOKER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 5, 2006

Citations

33 A.D.3d 371 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 7218
821 N.Y.S.2d 592

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