Opinion
2013-04-17
The PEOPLE, etc., respondent, v. Yan KUTSY, appellant.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, and JEFFREY A. COHEN, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered September 14, 2011, convicting him of grand larceny in the second degree, upon a nonjury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to prove the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902). The evidence here established that the defendant acted with intent to deprive his former wife and her medical practice of various checks, or to appropriate the same to himself, when he wrongfully took, obtained, or withheld those checks ( seePenal Law § 155.05[1]; see also Kreisler Borg Florman Gen. Constr. Co., Inc. v. Tower 56, LLC, 58 A.D.3d 694, 696, 872 N.Y.S.2d 469).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).