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People v. Delaney

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 682 (N.Y. App. Div. 1987)

Opinion

February 9, 1987

Appeal from the County Court, Suffolk County (Sherman, J.).


Ordered that the judgment is affirmed.

The uncontradicted evidence at trial indicates that the automobile which is the subject of the attempted grand larceny, a 1983 Oldsmobile, was purchased in November 1982 for $11,300. At the time of the attempted theft on August 31, 1983, approximately nine months later, the car was in perfect physical and running condition. Moreover, there was testimony from a police officer, qualified as an expert in used car valuation, that the National Association of Automobile Dealers' book listed this car with a retail value of $9,325 and a wholesale value of $8,175. Under the circumstances of this case, the price paid for the vehicle and the list price of the used car were sufficient to support a conviction for grand larceny in the second degree, as the values of the car well exceeded the $1,500 value required under the applicable penal statute (see, People v Alicea, 25 N.Y.2d 685; People v. Carter, 19 N.Y.2d 967; People v James, 111 A.D.2d 254, affd 67 N.Y.2d 662; People v. Supino, 64 A.D.2d 720). Mangano, J.P., Bracken, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Delaney

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1987
127 A.D.2d 682 (N.Y. App. Div. 1987)
Case details for

People v. Delaney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY L. DELANEY…

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

Date published: Feb 9, 1987

Citations

127 A.D.2d 682 (N.Y. App. Div. 1987)

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