People v. Mathis
Opinion of the Court
Although the defendant’s contention that the evidence presented by three of the complaining witnesses as to counts 38, 39, and 41 of the indictment, charging grand larceny in the second degree, was legally insufficient to prove the value of the stolen property exceeded $1,500 has not been preserved for appellate review (CPL 470.05 [2]), we reach this issue in the exercise of our interest of justice jurisdiction. A review of the record reveals that the evidence with respect to counts 38, 39, and 41 was insufficient to comply with the statutory requisite that "the value of the [stolen] property exceeds one thousand five hundred dollars” (Penal Law former § 155.35). Accordingly, we dismiss counts 38, 39 and 41, without prejudice to the People to re-present any lesser appropriate charges to another Grand Jury (see, People v Beslanovics, supra). Thompson, J. P., Bracken, Harwood and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.