Majority
p. 1122The People of the State of New York, Respondent, v Mark Soper, Appellant. [793 NYS2d 808]
Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered December 19, 2003. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of grand larceny in the third degree (Penal Law § 155.35). Contrary to defendant’s contentions, the evidence concerning the value of the stolen property is legally sufficient to support the conviction (see People v Anzalone, 15 AD3d 903 [2005]; see generally People v Bleakley, 69 NY2d 490 , 495 [1987]), and the verdict is not against the weight of the evi
p. 1123
dence (see generally Bleakley, 69 NY2d at 495 ). Also contrary to defendant’s contention, the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ.
Cases cited
- People v. Anzalone 15 AD3d 903 p. 1122
- People v. Bleakley 69 NY2d 490 at 495 p. 1122