GUY LIFTED OVER $1000 IN PERFUME
After he was found to have purloined “several bottles of perfume” from a local Macy’s (department store), O.S. was found guilty of “grand larceny in the fourth degree,” and sentenced.
On its review of the record, the Appellate Division, Second Department, concluded that the evidence established “beyond a reasonable doubt,” that O.S. misappropriated property valued at over $1000.
In addition to giving “great deference” to the lower court’s credibility assessments and determinations, the AD2 was of the view that the “the verdict of guilt was not against the weight of the evidence.”
We sense he probably didn’t like the smell of that ….
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DECISION