| People v Colon |
| 2016 NY Slip Op 51712(U) [53 Misc 3d 1217(A)] |
| Decided on December 2, 2016 |
| Supreme Court, Kings County |
| D'Emic, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
The People of
the State of New York, Plaintiff,
against Irving Colon, Defendant. |
The defendant stands indicted for, among other things, Grand Larceny in the Third Degree. He now moves to re-argue the decision of Justice William Miller of this court finding the evidence presented to the grand jury sufficient to establish the charges.
The defendant moves to re-argue that decision on the ground that the evidence of the value of the stolen property was insufficient to establish grand larceny.
The motion to re-argue, although untimely, is granted, and upon re-argument, the motion to dismiss those counts is denied.
The testimony of the complaining witness that "the total amount of the theft was approximately $10,000", coupled with his work as a professional photographer and salesman of camera equipment, along with his detailed description of the stolen equipment, including a "very rare" camera, was sufficient for a rational jury to "infer rather than merely speculate that the value of the stolen property exceeded the statutory threshold." (People v. Lopez, 79 NY2d 402; People v. Bleakley, 69 NY2d 490; People v. Helms, 119 AD3d 1153).
This constitutes the Decision and Order of the court.