People v Bucala

People v Bucala 2010 NY Slip Op 05480 [74 AD3d 642] June 22, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

The People of the State of New York, Respondent,
v
Kelly Bucala, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Cahill Gordon & Reindel LLP, New York (Philip V. Tisne of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J., at dismissal motion; Gregory Carro, J., at jury trial and sentencing), rendered July 17, 2007, convicting defendant of grand larceny in the second degree and criminal possession of stolen property in the third degree, and sentencing her to a term of 5 years' probation with restitution in the amount of $30,000, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The only rational explanation for the long chain of circumstantial evidence is that defendant intentionally participated in the theft (see e.g. People v Bierenbaum, 301 AD2d 119, 131-140 [2002], lv denied 99 NY2d 626 [2003], cert denied 540 US 821 [2003]).

The challenged portion of the People's summation drew reasonable inferences from the evidence and was responsive to the defense summation (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]).

Defendant was not deprived of her right to testify before the grand jury. The record supports the motion court's finding that the People accorded defendant a reasonable opportunity to testify, and that her failure to do so resulted from her attorney's lack of cooperation in [*2]scheduling an appearance (see People v Patterson, 189 AD2d 733 [1993], lv denied 81 NY2d 975 [1993]). Concur—Tom, J.P., Mazzarelli, Sweeny, Freedman and Abdus-Salaam, JJ.