New York Criminal Lawyer Blog
A man knocked on an apartment door. He claimed to be delivering something for the resident in the apartment. He asked the resident for some personal identification. The resident of the apartment left the apartment door open and left the man at the door while she went inside the apartment to get her ID. A New York Criminal Lawyer with the apartment door left open, a television set can be seen which was put on a stand situated very near the open apartment door. On the floor near the television, there were sweaters scattered all over. The man took the TV and the sweaters on the floor.
The man was seen by another delivery man who was making a delivery in a nearby apartment at the same time. He saw the bogus delivery man go inside the apartment and leave holding the TV set and the sweaters. He also saw the bogus delivery man leave the apartment and ride a bike while carrying the TV set and the sweaters. The delivery man followed the bogus delivery man and saw that at the nearest corner, the bogus delivery man dropped the TV and the sweaters. He left them there on the street where they fell. And he rode the bike all the way to a nearby restaurant. At the restaurant premises, the bogus delivery man left the bike. He went to the parking area of the restaurant and rode in a car. The delivery man wrote down the license plate of the bogus delivery man’s car. When a police cruiser came by, the delivery man told them his story and gave them the license plate of the bogus delivery man. He also led them to the spot where the TV and the sweaters were dropped.
The bogus delivery man was later arrested. He was charged with two crimes in one information: he was charged with breaking and entering with intent to commit grand larceny and grand larceny. The bogus delivery man moved for a trial without a jury. The man was convicted with breaking and entering with intent to commit grand larceny but he was convicted only of petit larceny and not grand larceny because the prosecution failed to prove that the properties taken were valued beyond $100.
The bogus delivery man appealed his conviction. He claims that he cannot be convicted of the crime of breaking and entering with intent to commit grand larceny when what was proved to have been committed by him was only petit larceny.
The only question before the Court is whether or not the conviction of the bogus delivery man for breaking and entering with intent to commit grand larceny was proper and supported by sufficient evidence.
The Court held that intent to commit grand larceny can usually be proven by evidence that grand larceny was indeed committed. To prove grand larceny, it is not enough to prove that property was taken, there must also be proof that the property taken had a value above one hundred dollars.
The value of the property taken, however, is not the only circumstance from which intent to commit grand larceny can be inferred. A Brooklyn Criminal Lawyer said if there other facts are proven that show intent to commit grand larceny, then even if the grand larceny count is not proven, and the accused is proved to have only committed petit larceny, this does not negate that there was intent to commit grand larceny. It is possible that the bogus delivery man had the intent to commit grand larceny but because of supervening circumstances, he was only able to take property worth less than one hundred dollars and was convicted only of petit larceny.
In this case, however, there was no other proof of intent to commit grand larceny other than the taking of the television and the sweaters. There were no other circumstances proven from which intent to commit grand larceny can be inferred. Thus the conviction for breaking and entering with intent to commit grand larceny cannot be supported by the evidence proved. The case was remanded for resentencing.
Were you charged with breaking and entering with intent to commit grand larceny, drug possession or sex crimes? A Florida Criminal Attorney can advice you if the prosecution has presented sufficient evidence to prove the charge. Call or visit any of the offices of Stephen Bilkis and Associates in Florida. Speak with any of their Florida Criminal attorneys.