Appellate Division of the Supreme Court of New York, 1988

People v. Scardino

People v. Scardino
Appellate Division of the Supreme Court of New York · Decided December 23, 1988
145 A.D.2d 914; 543 N.Y.S.2d 337; 1988 N.Y. App. Div. LEXIS 13928
People v. Scardino

Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant’s convictions for grand larceny in the second degree were supported by legally sufficient evidence (CPL 70.10 [1]). Viewing the evidence, as we must, in the light most favorable to the People, we find that it provided a rational trier of fact with a valid line of reasoning to sustain the convictions (People v Bleakley, 69 NY2d 490, 495). Further, the trial court properly refrained from charging the moral certainty standard because defendant’s convictions were based on both direct and circumstantial evidence (People v Barnes, *91550 NY2d 375, 379-380). (Appeal from judgment of Monroe County Court, Celli, J. — grand larceny, second degree.) Present — Callahan, J. P., Doerr, Boomer, Green and Lawton, JJ.

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