PEOPLE v. SMITH


105 A.D.2d 981 (1984)

The People of the State of New York, Respondent, v. Eugene Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 21, 1984


On appeal, defendant urges a reduction of his conviction to petit larceny upon the alleged insufficiency of proof that the motor vehicle which he stole had a value of $1,500 or more as required by section 155.35 of the Penal Law. The People's expert witness, who at the request of authorities took temporary custody of the stolen 1977 G.M.C. pickup truck shortly after the theft, testified that in his opinion the truck had a wholesale value of $2,500. He was a used car dealer...

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