People v Rodriguez
2008 NY Slip Op 05007 [52 AD3d 249] [52 AD3d 249]
June 5, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent,
v
Victor Rodriguez, Appellant.

[*1] 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.

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.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). 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. Concur—Tom, J.P., Friedman, Nardelli, Buckley and Renwick, JJ.