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PEOPLE v. FRANOV

No. 83.

17 N.Y.3d 58 (2011)

2011 NY Slip Op 3889

950 N.E.2d 473

926 N.Y.S.2d 840

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. Robert FRANOV, Respondent.

Court of Appeals of New York.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Richard A. Brown District Attorney, Kew Gardens ( Linda Cantoni and John M. Castellano of counsel), for appellant.

Judah Maltz , Kew Gardens, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and READ concur with Judge GRAFFEO; Judge SMITH concurs in result in a separate concurring opinion; Judge JONES dissents and votes to affirm in another opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

GRAFFEO, J.

The issue raised by this appeal is whether defendant's conviction for unauthorized use of a vehicle in the second degree is supported by legally sufficient evidence. We conclude that it is.

On the afternoon of November 28, 2006, two uniformed officers were patrolling a residential area of Flushing, Queens County. One of the officers observed defendant Robert Franov exit the...

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