AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD ANDRE, Appellant.

Ordered that the judgment is affirmed.

A person may commit a larceny when he steals property "with intent to deprive another of [the] property" (Penal Law § 155.05). Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we conclude, contrary to the defendant's assertions, that the evidence was legally sufficient to establish that the defendant intended permanently to deprive another of his property (see, People v. Welsh, 124 A.D.2d 301, 303; see also, People v. Kirnon, 39 A.D.2d 666, affd. 31 N.Y.2d 877; People v. Reed, 124 A.D.2d 836). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

We have examined the defendant's remaining contentions and find that they are unpreserved for appellate review. Bracken, J.P., Kunzeman, Eiber and Harwood, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. ANDRE
(Nov 5, 1990)