New York Criminal Lawyer Blog
A man, who was found guilty of grand larceny and petit larceny, filed an appeal and urges the insufficiency of the evidence to support his convictions. But, the court finds the evidence sufficient to support the charges. The court therefore affirmed the conviction and sentence.
Based on records, a New York Criminal Lawyer said the court affirmed the conviction of breaking and entering, but it appears that the state failed to sufficiently prove intent to commit a felony and the record will only support a conviction of breaking and entering with intent to commit a misdemeanor. In addition, a misdemeanor would be reviewable in the circuit court. But, the trial judge had the power to make such settlement as to the lesser included offense.
The man points out the charges of petit larceny. However, the body of the information clearly charged a felony by alleging the felonious taking of personal property of a value in excess of $100.00 and the court announced that it found the man is guilty as charged. The court also found no error in the finding of guilt. But as it appears that the sentence was joined with that of the breaking and entering with intent to commit a felony. A New York Criminal Lawyer said the court likewise vacate the sentence and return the matter to the trial court for an appropriate sentence in accordance with the law of the state as made and provided for petit larceny. As a result, the matter is returned to the trial court for further proceedings.
In another case, a man who was also convicted of the crime of grand larceny filed an appeal. The said man contended that the state’s evidence was legally insufficient to sustain their decision, that the quantum of proof adduced by the state fails to establish the guilt of the man to the exclusion of and beyond a reasonable doubt and the evidence presented was legally insufficient to establish the value of the two doors is more than $50.00 at the time they were alleged to have been stolen.
As to the man’s contentions numbered one and two, the court finds in the record that there is sufficient evidence to sustain the decision of the jury, but, under the system, the court don’t have the authority to substitute the views and conclusions for those of the jury.
A New York Drug Possession Lawyer said that afterwards, the man was placed at a great disadvantage and embarrassment in finding or pointing out the individual from whom he purchased the two doors alleged to have been stolen. The value of the two doors, as alleged in the information, is fixed at the sum of more than fifty dollars.
Based on records, it is fundamental that the burden of proof, as a matter of law, rested on the state to establish the value of the two doors, to the exclusion of and beyond a reasonable doubt. It was the man’s view that similar doors were worth about fifty dollars. The state’s evidence on the point of value is to the effect that the two doors were worth customarily more than fifty dollars. It is also the court’s conclusion that the evidence presented by the state failed to establish the value of the two doors alleged to have been stolen at the amount of sum of fifty dollars.
After a review of the evidence, to reduce the degree or offense of which the man was found guilty to some lesser degree or offense as reflected and fully sustained by the state’s evidence. A New York Sex Crimes Lawyer said it is the court’s view and conclusion that the evidence presented sustains the offense of petit larceny and the man is adjudicated guilty of petit larceny.
Consequently, the decision appealed from is reversed with directions to the trial court to enter a decision against the man for the offense of petit larceny.
When a family member happens to suffer from a criminal case and you want to help him with his proceedings, you can come and ask legal assistance from the NY Criminal Attorney. But if you prefer to have the New York City Petit Larceny Lawyer or NYC Grand Larceny Lawyers for the initial assessment of your lawsuit, you can reach them easily at Stephen Bilkis and Associates office.