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People v. Brenia

Appellate Division of the Supreme Court of New York, First Department
Nov 3, 2000
277 A.D.2d 17 (N.Y. App. Div. 2000)

Opinion

November 3, 2000.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered March 26, 1998, convicting defendant, after a nonjury trial, of grand larceny in the third degree and unauthorized use of a vehicle in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 2 1/2 to 5 years and 1 year, respectively, unanimously affirmed.

Mary B. McGarvey-DePuy, for respondent.

Kerry Elgarten, for defendant-appellant.

Before: Williams, J.P., Mazzarelli, Ellerin, Wallach, Saxe, JJ.


The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's larcenous intent could be readily inferred from his conduct and from the surrounding circumstances (see, People v. Moran, 123 N.Y. 254, 256-257; People v. Smith, 140 A.D.2d 259, lv denied 72 N.Y.2d 924). Defendant surreptitiously entered a car whose engine was running, released the emergency brake and operated the gearshift lever, stepped on the accelerator pedal even after the complainant had jumped onto the hood of the car, and fled from the scene when another vehicle blocked the car from moving. The momentary nature of this interrupted taking does not preclude a finding of larcenous intent. Defendant's actions as a whole also establish that although the car did not actually move, defendant exercised control over the vehicle, thus satisfying the asportation requirement for a completed larceny (see, People v. Robinson, 60 N.Y.2d 982, 983; People v. Alamo, 34 N.Y.2d 453, 458-460; People v. Roman, 167 A.D.2d 262, lv denied 77 N.Y.2d 881).

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


Summaries of

People v. Brenia

Appellate Division of the Supreme Court of New York, First Department
Nov 3, 2000
277 A.D.2d 17 (N.Y. App. Div. 2000)
Case details for

People v. Brenia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSEPH BRENIA…

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

Date published: Nov 3, 2000

Citations

277 A.D.2d 17 (N.Y. App. Div. 2000)
715 N.Y.S.2d 54

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