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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WINSTON BROWN, A/K/A MIKE CAMPBELL, DEFENDANT-APPELLANT.

The verdict was based on legally sufficient evidence. As to the crime of attempted grand larceny in the third degree, the evidence was legally sufficient to establish that the vehicle defendant attempted to steal was valued in excess of $3,000, and as to the crime of criminal mischief in the third degree, the evidence was legally sufficient to establish that the damage to the vehicle caused by defendant exceeded $250. The expert witness was entitled to rely on automobile industry valuation books and conversations with the car's owner in making his appraisal (see, People v. Jones, 73 N.Y.2d 427). Moreover, the owner testified as to the prior good condition of her vehicle (see, People v. Lopez, 221 A.D.2d 843, 87 N.Y.2d 1021). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. BROWN
(Sep 28, 2000)