| People v Soper |
| 2005 NY Slip Op 03489 [17 AD3d 1122] |
| April 29, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Mark Soper, Appellant. |
—[*1]Appeal from a judgment of the Ontario County Court (James R. Harvey, J.), rendered December 19, 2003. The judgment convicted defendant, upon a jury verdict, of grand larceny in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of grand larceny in the third degree (Penal Law § 155.35). Contrary to defendant's contentions, the evidence concerning the value of the stolen property is legally sufficient to support the conviction (see People v Anzalone, 15 AD3d 903 [2005]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]), and the verdict is not against the weight of the evidence (see generally Bleakley, 69 NY2d at 495). Also contrary to defendant's contention, the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ.