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People v. Millien

Supreme Court, Appellate Division, Second Department, New York.
Apr 8, 2015
127 A.D.3d 883 (N.Y. App. Div. 2015)

Opinion

04-08-2015

The PEOPLE, etc., respondent, v. Sherril MILLIEN, appellant.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.


James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Opinion Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 25, 2012, convicting her of grand larceny in the fourth degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence regarding her larcenous intent is unpreserved for appellate review (see CPL 470.05 [2] ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish her guilt of grand larceny in the fourth degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).

To the extent the defendant contends that the verdict was repugnant, that contention is unpreserved for appellate review (see CPL 470.05[2] ; People v. Alfaro, 108 A.D.2d 517, 520, 489 N.Y.S.2d 546, affd. 66 N.Y.2d 985, 499 N.Y.S.2d 378, 489 N.E.2d 1280 ; see also People v. Wilson, 187 A.D.2d 689, 690, 591 N.Y.S.2d 792 ) and, in any event, without merit (see People v. Alfaro, 108 A.D.2d at 518–520, 489 N.Y.S.2d 546 ; compare Penal Law § 170.25with Penal Law § 155.30[1] ).

MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.


Summaries of

People v. Millien

Supreme Court, Appellate Division, Second Department, New York.
Apr 8, 2015
127 A.D.3d 883 (N.Y. App. Div. 2015)
Case details for

People v. Millien

Case Details

Full title:The PEOPLE, etc., respondent, v. Sherril MILLIEN, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 8, 2015

Citations

127 A.D.3d 883 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 2986
4 N.Y.S.3d 897

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