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People v. Newman

85 Misc. 2d 761 Court Supreme Court, Appellate Term, First Department, Decision date 1976-01-26 English

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p. 761
The People of the State of New York, Respondent, v Irving Newman, Appellant.
Supreme Court, Appellate Term, First Department,
January 26, 1976
Ira J. Raab, David Levine and Jeffrey Samuels for appellant. Robert M. Morgenthau, District Attorney (Robert M. Pitler and Sharon Lynch Norton of counsel), for respondent.

In this nonjury case defendant has been found guilty of petit larceny (Penal Law, § 155.25). Assuming, arguendo, that the testimony did not establish defendant’s intent to obtain property by false promise to "a moral certainty” (Penal Law, § 155.05, subd 2, par [d]), there is ample evidence in the record to establish defendant’s larcenous intent to withhold property from its owner, as defined in section 155.00 and subdivision 1 of section 155.05 of the Penal Law, beyond a reasonable doubt.

Defendant’s failure to move to suppress alleged involuntary admissions received into evidence, either before or during the course of the trial, precludes consideration of this issue on

p. 762
appeal (CPL 710.20, 710.30, 710.60, 710.70; People v Weaver, 38 AD2d 617 ).

We have examined the remaining contentions raised by the defendant and find them to be without merit.

Judgment of conviction rendered February 28, 1975 affirmed.

Concur: Markowitz, P. J., Tierney and Riccobono, JJ.

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