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People v. Callaway

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 838 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

Appeal from the Suffolk County Court (Sherman, J.).


Ordered that the judgment is affirmed.

The evidence adduced at trial was sufficient to establish that the market value of the automobile exceeded $1,500 (see, Penal Law former § 155.35). Given the evidence of the price paid for the vehicle ($11,300) which was substantially in excess of the statutory minimum, the fact that only a short period of time elapsed between the date of purchase (Nov. 1982) and the date of the attempted theft (Aug. 1983), the fact that the vehicle was in excellent condition, and the expert testimony concerning the vehicle's value at the time of trial ($8,000 to $9,000), the People provided sufficient evidence from which the trier of fact could infer that the market value of the vehicle at the time and place of the theft was in excess of the statutory minimum necessary to sustain the conviction (see, People v. James, 111 A.D.2d 254, 255-256, affd 67 N.Y.2d 662; People v. Supino, 64 A.D.2d 720, 721). The defendant's contentions regarding the inaccuracy of the stated mileage are without merit. Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). Lawrence, J.P., Weinstein, Kooper and Sullivan, JJ., concur.


Summaries of

People v. Callaway

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 838 (N.Y. App. Div. 1987)
Case details for

People v. Callaway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM CALLAWAY…

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 838 (N.Y. App. Div. 1987)

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