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State v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2008
52 A.D.3d 249 (N.Y. App. Div. 2008)

Opinion

No. 3833.

June 5, 2008.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered June 7, 2007, as amended June 20, 2007, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Aaron Ginandes of counsel), for respondent.

Before: Tom, J.P., Friedman, Nardelli, Buckley and Renwick, JJ.


The verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). While each of defendant's actions, viewed in isolation, may have had an innocent explanation, his pattern of behavior supported the conclusion that he intentionally aided his companion by acting as a lookout.


Summaries of

State v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2008
52 A.D.3d 249 (N.Y. App. Div. 2008)
Case details for

State v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RODRIGUEZ…

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

Date published: Jun 5, 2008

Citations

52 A.D.3d 249 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5007
857 N.Y.S.2d 910