From Casetext: Smarter Legal Research

People v. Cosme

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 515 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

Appeal from the Supreme Court, Queens County (Cohen, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The complainant was a car dealer whose vehicle was stolen from the dealership lot. He had purchased the car only five days earlier for $3,110, and a bill of sale in that amount was received into evidence. Notwithstanding that the complainant was never qualified as an expert witness, his testimony about the car and the bill of sale sufficed to support a finding that fair market value of the vehicle exceeded the statutory minimum of $3,000 (see, Penal Law § 165.50; People v Jackson, 194 A.D.2d 691; People v. Stein, 172 A.D.2d 1060; People v. Stone, 122 A.D.2d 387). We further note that insofar as the defendant challenges the sufficiency of the evidence before the Grand Jury, his claims are not reviewable (see, CPL 210.30; People v. Haqq, 159 A.D.2d 983).

The defendant's remaining contentions are without merit. Miller, J.P., Pizzuto, Santucci and Hart, JJ., concur.


Summaries of

People v. Cosme

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 515 (N.Y. App. Div. 1996)
Case details for

People v. Cosme

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON COSME, Appellant

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 515 (N.Y. App. Div. 1996)
644 N.Y.S.2d 310

Citing Cases

People of N.Y. v. Jenkins

The defendant does not have the right to have this issue reviewed on appeal from a judgment of conviction…