People v. Jones
| Decision Date | 09 May 1996 |
| Citation | 642 N.Y.S.2d 246,227 A.D.2d 195 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Charles JONES, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gina M. Mignola, for respondent.
B. Anthony Morosco, for defendant-appellant.
Before MILONAS, J.P., and ROSENBERGER, RUBIN, KUPFERMAN and TOM, JJ.
Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered April 6, 1994, convicting defendant, after a jury trial, of burglary in the second degree, criminal possession of stolen property in the fourth degree, and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent prison terms of 1 1/2 to 4 1/2 years, 1 to 3 years, and 1 year, respectively, unanimously affirmed. The matter is remitted to Supreme Court, New York County for proceedings pursuant to CPL 460.50(5).
There is no basis for disturbing the hearing court's factual findings that defendant consented to a search of his office, and that his consent was not obtained by coercion (see, People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380). The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).
The value of the shoes stolen from the complainant and possessed by defendant was properly determined by replacement value, which was stipulated to be over $1000. Market value was inapplicable because there was no established retail market for the items in question, used shoes, and it could not be determined how much the items would sell for in the regular course of business (Penal Law § 155.20[1]; cf., People v. Irrizari, 5 N.Y.2d 142, 146, 182 N.Y.S.2d 361, 156 N.E.2d 69; People v. Alicea, 25 N.Y.2d 685, 306...
To continue reading
Request your trial
-
Jones v. Vacco
...had not been completed. On May 9, 1996, the Appellate Division affirmed Jones' conviction. See People v. Jones, 227 A.D.2d 195, 642 N.Y.S.2d 246 (1st Dep't 1996). The Appellate Division did not explicitly address Jones' alleged denial of his right to counsel, but stated that the court had c......
-
Jones v. Vacco
...counts. Petitioner appealed his conviction and the New York State Supreme Court, Appellate Division, affirmed. See People v. Jones, 642 N.Y.S.2d 246 (1st Dep't 1996). On June 11, 1996, Petitioner's application for leave to appeal to the Court of Appeals was denied. See People v. Jones, 88 N......
- Brooks v. Brooks
-
People v. Brown
...furnish particulars in that regard (see, People v. Mackey, 49 N.Y.2d 274, 280-281, 425 N.Y.S.2d 288, 401 N.E.2d 398; People v. Jones, 227 A.D.2d 195, 196, 642 N.Y.S.2d 246, lv. denied 88 N.Y.2d 937, 647 N.Y.S.2d 171, 670 N.E.2d 455). As a final matter, we note that, in view of the overwhelm......