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People v. Andre

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1990
167 A.D.2d 343 (N.Y. App. Div. 1990)

Opinion

November 5, 1990

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

A person may commit a larceny when he steals property "with intent to deprive another of [the] property" (Penal Law § 155.05). Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we conclude, contrary to the defendant's assertions, that the evidence was legally sufficient to establish that the defendant intended permanently to deprive another of his property (see, People v. Welsh, 124 A.D.2d 301, 303; see also, People v. Kirnon, 39 A.D.2d 666, affd. 31 N.Y.2d 877; People v. Reed, 124 A.D.2d 836). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

We have examined the defendant's remaining contentions and find that they are unpreserved for appellate review. Bracken, J.P., Kunzeman, Eiber and Harwood, JJ., concur.


Summaries of

People v. Andre

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1990
167 A.D.2d 343 (N.Y. App. Div. 1990)
Case details for

People v. Andre

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD ANDRE, Appellant

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

Date published: Nov 5, 1990

Citations

167 A.D.2d 343 (N.Y. App. Div. 1990)

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