Opinion
2012-02-14
The PEOPLE of the State of New York, Respondent, v. Alexander GONZALEZ, also known as Kliti Mohammed, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), and Linklaters LLP, New York (Elaine K. Lou of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan V. Brewer of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), and Linklaters LLP, New York (Elaine K. Lou of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Jonathan V. Brewer of counsel), for respondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered July 22, 2010, convicting defendant, after a jury trial, of grand larceny in the third degree and criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.
The verdict was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). There was ample evidence that, at the time and place of the theft ( see Penal Law § 155.20[1] ), the value of the stolen property exceeded the $3,000 threshold for third-degree grand larceny and criminal possession of stolen property. This included the testimony of a store security guard, and a receipt indicating the price tags on the items ( see People v. Irrizari, 5 N.Y.2d 142, 182 N.Y.S.2d 361, 156 N.E.2d 69 [1959]; People v. McLeod, 43 A.D.3d 796, 842 N.Y.S.2d 24 [2007], lv. denied 9 N.Y.3d 1007, 850 N.Y.S.2d 395, 880 N.E.2d 881 [2007]; People v. Trilli, 27 A.D.3d 349, 810 N.Y.S.2d 660 [2006], lv. denied 6 N.Y.3d 899, 817 N.Y.S.2d 634, 850 N.E.2d 681 [2006] ). The possibility that the store might have offered the same merchandise at a lower price on some hypothetical occasion does not warrant a different conclusion.
We perceive no basis for reducing the sentence.