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PEOPLE v. TORRES

33 A.D.3d 318 (2006)

822 N.Y.S.2d 248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIDER TORRES, Appellant.

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

Decided October 3, 2006.

The verdict was based on legally sufficient evidence. Although the registered owner of the subject vehicle did not testify, her husband's testimony established that he had a possessory interest that was superior to defendant's interest (cf. Penal Law § 155.00 [5] [definition of "owner" for larceny purposes]) and that defendant did not have permission to damage the car. Moreover, even if neither the owner nor her husband...

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