People v Wilson

People v Wilson 2012 NY Slip Op 08457 Decided on December 11, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 11, 2012
Andrias, J.P., Friedman, DeGrasse, Manzanet-Daniels, Gische, JJ.
8775 237/10

[*1]The People of the State of New York, Respondent,

v

Robin Wilson, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York (Jan
Hoth of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ryan Gee of
counsel), for respondent.

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered September 21, 2010, as amended October 12, 2010 and December 20, 2010, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree, two counts of possession of burglar's tools, and three counts of petit larceny, and sentencing him, as a second felony offender, to an aggregate term of two to four years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The People presented reliable evidence, including business records and photographs, that the stolen merchandise had a total value in excess of $1000 (see e.g. People v Gonzalez, 92 AD3d 510 [1st Dept 2012], lv denied 18 NY3d 994 [2012]). The fact that one of the business records was inaccurate as to the color of one of the stolen sweaters does not provide a reason to doubt the accuracy of the record as to the selling price of the sweaters. We have considered and rejected defendant's remaining arguments on the issue of value.

Defendant's Confrontation Clause claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 11, 2012

CLERK