Opinion
KA 04-00432.
April 29, 2005.
Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered December 19, 2003. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.
JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of grand larceny in the third degree (Penal Law § 155.35). Contrary to defendant's contentions, the evidence concerning the value of the stolen property is legally sufficient to support the conviction ( see People v. Anzalone, 15 AD3d 903; see generally People v. Bleakley, 69 NY2d 490, 495), and the verdict is not against the weight of the evidence ( see generally Bleakley, 69 NY2d at 495). Also contrary to defendant's contention, the sentence is not unduly harsh or severe.