Appellate Division of the Supreme Court of New York, 2003

People v. Kevrekian

People v. Kevrekian
Appellate Division of the Supreme Court of New York · Decided April 10, 2003
304 A.D.2d 374; 756 N.Y.S.2d 746; 2003 N.Y. App. Div. LEXIS 3832
People v. Kevrekian

Opinion of the Court

Judgment, Supreme Court, New York County (Laura Drager, J.), rendered December 20, 2001, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree and two counts of possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, 1 year and 1 year, unanimously affirmed.

The verdict was not against the weight of the evidence. The totality of the evidence warranted the inference of larcenous intent (see People v Kirnon, 39 AD2d 666, 667 [1972], affd 31 NY2d 877 [1972]), and the jury properly discredited defendant’s testimony that he only intended to borrow the car. We note that defendant was arrested in possession of the car at a location that was inconsistent with his claimed destination. Concur — Buckley, P.J., Nardelli, Andrias, Friedman and Gonzalez, JJ.

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