Opinion
1242, 2775/13.
05-26-2016
The PEOPLE of the State of New York, Respondent, v. Jovan ORTIZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Lawrence T. Hausman of counsel), and Kirkland & Ellis LLP, New York (Gregory R. Springsted of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Lawrence T. Hausman of counsel), and Kirkland & Ellis LLP, New York (Gregory R. Springsted of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Kelly L. Smith of counsel), for respondent.
MAZZARELLI, J.P., ANDRIAS, RICHTER, MANZANET–DANIELS, KAHN, JJ.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 13, 2014, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of two to four years, unanimously affirmed.
The People established the value of the stolen merchandise at issue by introducing a document that was correctly admitted as a properly authenticated business record, and was, in any event, merely a printout displaying electronically stored price information (see People v. Nashal, 130 A.D.3d 480, 13 N.Y.S.3d 396 [1st Dept.2015], lv. denied 26 N.Y.3d 1010, 20 N.Y.S.3d 550, 42 N.E.3d 220 [2015] ; People v. King, 102 A.D.3d 434, 434–435, 958 N.Y.S.2d 101 [1st Dept.2013], lv. denied, 20 N.Y.3d 1100, 965 N.Y.S.2d 796, 988 N.E.2d 534 [2013] ). The evidence was materially indistinguishable from the evidence presented in Nashal, and defendant's arguments to the contrary are unavailing. A security employee was competent to testify, based on his experience, that a “training receipt” simply shows the correct, current prices of any items scanned into the register, without recording an actual sale.
The court properly declined to submit lesser included offenses not requiring value in excess of $1,000, because there was no reasonable view of the evidence, viewed most favorably to defendant, that the total value of the merchandise he stole did not meet that threshold. The security employee provided integrated testimony (see People v. Negron, 91 N.Y.2d 788, 676 N.Y.S.2d 520, 699 N.E.2d 32 [1998] ) establishing the identity of the stolen items he recovered from defendant, and there was no reasonable view to the contrary. Likewise, there was no reasonable view that the information on the training receipt failed to reflect the actual value of these items (see Nashal, 130 A.D.3d at 482, 13 N.Y.S.3d 396 ; King, 102 A.D.3d at 435–436, 958 N.Y.S.2d 101 ).
We similarly find that the verdict was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).