| People v Gonzalez |
| 2012 NY Slip Op 01117 [92 AD3d 510] |
| February 14, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Alexander Gonzalez, Also Known as Kliti Mohammed, Appellant. |
—[*1]
Cyrus R. Vance, Jr., District Attorney, New York (Jonathan V. Brewer of counsel), for
respondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered July 22, 2010, convicting defendant, after a jury trial, of grand larceny in the third degree and criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There was ample evidence that, at the time and place of the theft (see Penal Law § 155.20 [1]), the value of the stolen property exceeded the $3,000 threshold for third-degree grand larceny and criminal possession of stolen property. This included the testimony of a store security guard, and a receipt indicating the price tags on the items (see People v Irrizari, 5 NY2d 142 [1959]; People v McLeod, 43 AD3d 796 [2007], lv denied 9 NY3d 1007 [2007]; People v Trilli, 27 AD3d 349 [2006], lv denied 6 NY3d 899 [2006]). The possibility that the store might have offered the same merchandise at a lower price on some hypothetical occasion does not warrant a different conclusion.
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.