People v. Millien

• Decision Date: 08 April 2015
• Citation: 2015 N.Y. Slip Op. 02986,4 N.Y.S.3d 897 (Mem),127 A.D.3d 883
• Parties: The PEOPLE, etc., respondent, v. Sherril MILLIEN, appellant.
• Court: New York Supreme Court — Appellate Division

127 A.D.3d 883
4 N.Y.S.3d 897 (Mem)
2015 N.Y. Slip Op. 02986

The PEOPLE, etc., respondent
v.
Sherril MILLIEN, appellant.

Supreme Court, Appellate Division, Second Department, New York.

April 8, 2015.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Opinion

127 A.D.3d 883

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 25, 2012, convicting her of grand larceny in the fourth degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence regarding her larcenous intent is unpreserved for appellate review (see CPL 470.05 [2] ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish her guilt of grand larceny in the fourth degree beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).

To the extent the defendant contends that the verdict was repugnant, that contention is unpreserved for appellate review (see CPL 470.05[2] ; People v. Alfaro, 108 A.D.2d 517, 520, 489 N.Y.S.2d 546, affd. 66 N.Y.2d 985, 499 N.Y.S.2d 378, 489 N.E.2d 1280 ; see also People v. Wilson, 187 A.D.2d 689, 690, 591 N.Y.S.2d 792 ) and, in any event, without merit (see People v. Alfaro, 108 A.D.2d at 518–520, 489 N.Y.S.2d 546 ; compare

127 A.D.3d 884

Penal Law § 170.25with Penal Law § 155.30[1] ).

MASTRO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.