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People v. Irrizari

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1958
5 A.D.2d 881 (N.Y. App. Div. 1958)

Opinion

March 17, 1958

Present — Nolan, P.J., Wenzel, Murphy, Hallinan and Kleinfeld, JJ. [ 4 Misc.2d 1019.]


Appeal from a judgment of the County Court, Nassau County, convicting appellant, after trial, of grand larceny in the second degree (three counts). Appellant was indicted for grand larceny in the second degree, the indictment containing three counts, each charging the theft, from a different store, of specified merchandise having a value of more than $100. Judgment unanimously affirmed. We find no error which affected any of appellant's substantial rights in the court's charge as to reasonable doubt, or in the refusal to charge as requested that reasonable doubt could be found, not only from the evidence in the case, but also from the lack of evidence. ( People v. Radcliffe, 232 N.Y. 249, 254.) We are also of the opinion that the market value of the stolen property, as to each count of the indictment, was sufficiently established to be more than $100 by the stores' bills therefor, which were received in evidence without objection. On the record presented, the court's charge on the question of market value was not prejudicial to appellant (cf. People v. Bransby, 32 N.Y. 525, 535-536; People v. Odell, 230 N.Y. 481, 490) and there is no necessity to determine whether the interpretation therein of section 1305 of the Penal Law was entirely correct.


Summaries of

People v. Irrizari

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1958
5 A.D.2d 881 (N.Y. App. Div. 1958)
Case details for

People v. Irrizari

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLADYS IRRIZARI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 1958

Citations

5 A.D.2d 881 (N.Y. App. Div. 1958)

Citing Cases

People v. Narzario

This decision was reaffirmed in People v Irrizari ( 5 N.Y.2d 142), in which the issue of the reasonable doubt…