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People v. Cooper

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 942 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Monroe County Court, Egan, J.

Present — Dillon, P.J., Green, Pine, Balio and Lawton, JJ.


Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Defendant appeals from a judgment entered upon conviction after a nonjury trial of criminal possession of stolen property in the second degree and grand larceny in the third degree. The grand larceny conviction must be vacated because the evidence was legally insufficient to establish defendant's theft of the vehicle. The People's proof was insufficient to show that defendant stole the car or that the value of the alleged stolen property attached to and within the vehicle was valued in excess of $1,500 (People v Robinson, 60 N.Y.2d 982). We have considered defendant's remaining claims and find each one lacking in merit.


Summaries of

People v. Cooper

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 942 (N.Y. App. Div. 1989)
Case details for

People v. Cooper

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE COOPER, Appellant

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

Date published: Mar 10, 1989

Citations

148 A.D.2d 942 (N.Y. App. Div. 1989)