Opinion
December 17, 1991
Appeal from the Supreme Court, Bronx County (Robert G. Seewald, J.).
The attempted grand larceny of a motor vehicle, took place on October 26, 1986, several days before the effective date of the 1986 amendment to the Penal Law (L 1986, ch 515, eff Nov. 1, 1986). The sentence was imposed after the effective date of the statute, however, and defendant is entitled to retroactive application of the ameliorative amendment to the Penal Law, which reduces the punishment for the crime charged (People v Behlog, 74 N.Y.2d 237).
We have considered the remaining arguments of the parties and find them to be without merit. Viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621) where entry to the vehicle was accomplished by breaking a window, and where the defendant and co-defendant were seen under the hood and steering column of the vehicle and were in possession of a screw driver, the record supports the conclusion that a rational trier of fact could find, beyond a reasonable doubt, that the co-defendants in this case intended to steal the vehicle, thus engaging in conduct which tended to effect the commission of such crime (see, Penal Law § 110.00). Any competing inferences were within the domain of the jury (see, People v Barnes, 50 N.Y.2d 375, 381).
Concur — Carro, J.P., Rosenberger, Ellerin, Kupferman and Ross, JJ.