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People v. Friend

296 A.D.2d 556 Court N.Y. App. Div. Decision date 2002-07-22 English

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p. 556
The People of the State of New York, Respondent, v Edward Friend, Appellant.
[745 NYS2d 698]

Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered November 1, 2000, convicting him of robbery in the third degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s argument, the evidence was legally sufficient to establish beyond a reasonable doubt that the market value of the stolen items exceeded the $1,000 threshold needed to sustain a conviction of grand larceny in the fourth degree (see People v Irrizari, 5 NY2d 142 ; People v Hill, 220 AD2d 927 ).

Furthermore, the defendant’s claim that the jury charge was confusing and erroneous is unpreserved for appellate review (see CPL 470.05 [2]; People v Rodriguez, 187 AD2d 465 ). Smith, J.P., S. Miller, Friedmann and Townes, JJ., concur.

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