Appellate Division of the Supreme Court of New York, 2000

People v. Gonzalez

People v. Gonzalez
Appellate Division of the Supreme Court of New York · Decided October 19, 2000
276 A.D.2d 366; 714 N.Y.S.2d 470; 2000 N.Y. App. Div. LEXIS 10601
People v. Gonzalez

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Judgment, *367Supreme Court, New York County (Charles Tejada, J.), rendered April 21, 1998, convicting defendant, after a jury trial, of attempted grand larceny in the third degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence. The evidence clearly warranted the conclusion that defendant was acting as a lookout, in that he was observed on a deserted street in the early morning hours, looking in all directions while a second individual was removing an ignition from a nearby parked car. Furthermore, defendant was heard to whistle as a livery cab driver approached, which action resulted in defendant’s accomplice exiting the vandalized car. Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.