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People v. Scott

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 974 (N.Y. App. Div. 2001)

Opinion

(1527) KA 00-00291

December 21, 2001.

(Appeal from Judgment of Erie County Court, McCarthy, J. — Criminal Possession Stolen Property, 3rd Degree.)

PRESENT: WISNER, J.P., HURLBUTT, KEHOE AND BURNS, JJ.


Judgment unanimously affirmed. Memorandum:

Defendant appeals from a judgment convicting him following a bench trial of criminal possession of stolen property in the third degree (Penal Law § 165.50) and unauthorized use of a vehicle in the second degree (Penal Law § 165.06). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence. There is a "valid line of reasoning and permissible inferences [that] could lead a rational person to the conclusion reached by the fact finder on the basis of the evidence at trial, viewed in the light most favorable to the People" ( People v. Williams, 84 N.Y.2d 925, 926). Additionally, the verdict is not against the weight of the evidence. The credibility determinations of County Court are entitled to great deference ( see, People v. Marshall, 269 A.D.2d 818), and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is not unduly harsh or severe.


Summaries of

People v. Scott

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 21, 2001
289 A.D.2d 974 (N.Y. App. Div. 2001)
Case details for

People v. Scott

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JAMES W. SCOTT…

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

Date published: Dec 21, 2001

Citations

289 A.D.2d 974 (N.Y. App. Div. 2001)
735 N.Y.S.2d 442

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