People v. Sutherland, 102 A.D.3d 897 (N.Y. App. Div. 2013). · Go Syfert
People v. Sutherland, 102 A.D.3d 897 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Goodwine (nywestchcty, 2023-02-02)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Goodwine (2×)
nywestchcty · 2023 · confidence medium
Pursuant to PL§ 155.20 (1), "value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime." "Any person who testifies as to the value of an item 'must provide a basis of knowledge for his [or her] statement of value before it can be accepted as legally sufficient evidence of such value"' (People v Sutherland, 102 AD3d 897 , 898 [2d Dept 2013], quoting People v Lopez, 79 NY2d 402,404 [1992]; see People v Piasta, 207 AD3d 1054 , 1058 [4th Dept 202…
discussed Cited as authority (rule) People v. Bruno (2×)
nywestchcty · 2023 · confidence medium
Pursuant to PL§ 155.20 (1), "value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime." "Any person who testifies as to the value of an item 'must provide a basis of knowledge for his [or her] statement of value before it can be accepted as legally sufficient evidence of such value'" (People v Sutherland, 102 AD3d 897 , 898 [2d Dept 2013], quoting People v Lopez, 79 NY2d 402, 404 [1992]; see People v Piasta, 207 AD3d 1Q54, 1058 [4th Dept 202…
discussed Cited as authority (rule) People v. Suarez
nywestchcty · 2022 · confidence medium
Here, although the store owner testified regarding the items that were missing3 and estimated that "[t]he value [of such items] was about $13,800" (see Page 19, Line 1, of Grand Jury Transcript dated March 3, 2020), he failed to provide a basis of knowledge for his ~tatement and there was no other evidence as to the value of the stolen property (see People v Sutherland, 102 AD3d at 899).
discussed Cited as authority (rule) People v. Dunaway
N.Y. App. Div. · 2015 · confidence medium
Although the defendant has already served the maximum sentence that could be imposed for assault in the third degree (see Penal Law § 70.15 [1]), we nevertheless remit the matter to the Supreme Court, Kings County, for the imposition of an authorized sentence for that offense (see People v Sutherland, 102 AD3d 897, 899 [2013]; People v Seymour, 77 AD3d 976, 980 [2010]; People v Harvin, 75 AD3d 559, 561 [2010]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2014 · confidence medium
Although the defendant has already served the maximum permissible sentence for unlawful possession of personal identification information in the third degree, we nevertheless remit the matter to the Supreme Court, Queens County, for the imposition of an authorized sentence for that offense (see Penal Law § 70.15 [1]; People v Philips, 120 AD3d 1266 [2d Dept 2014]; People v Mighty, 109 AD3d 841 [2013]; People v Sutherland, 102 AD3d 897, 899 [2013]).
discussed Cited "see" MORGAN, RICHARD, PEOPLE v
N.Y. App. Div. · 2013 · signal: see · confidence high
With respect to the remaining items of stolen property, the victim “provided only rough estimates of value . . . without setting forth any basis for his estimates . . . , and thus the evidence also is legally insufficient to establish the value of those remaining items” (Geroyianis, 96 AD3d at 1645 [internal quotation marks omitted]; see People v Sutherland, 102 AD3d 897 , 898- 899).
discussed Cited "see" People v. Morgan
N.Y. App. Div. · 2013 · signal: see · confidence high
With respect to the remaining items of stolen property, the victim “provided only rough estimates of value . . . without setting forth any basis for his estimates . . . , and thus the evidence also is legally insufficient to establish the value of those remaining items” (Geroyianis, 96 AD3d at 1645 [internal quotation marks omitted]; see People v Sutherland, 102 AD3d 897, 898-899 [2013]).
discussed Cited "see" People v. Morgan
N.Y. App. Div. · 2013 · signal: see · confidence high
With respect to the remaining items of stolen property, the victim “provided only rough estimates of value . . . without setting forth any basis for his estimates . . . , and thus the evidence also is legally insufficient to establish the value of those remaining items” (Geroyianis, 96 AD3d at 1645 [internal quotation marks omitted]; see People v Sutherland, 102 AD3d 897, 898-899 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jamie Sutherland
Appellate Division of the Supreme Court of the State of New York.
Jan 23, 2013.
102 A.D.3d 897
Cited by 10 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme[*898] Court, Kings County (Guzman, J.), rendered June 17, 2011, convicting him of grand larceny in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction of grand larceny in the third degree to petit larceny, and vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

The defendant was charged, inter alia, with grand larceny in the third degree, in violation of Penal Law § 155.35 (1), based on allegations that he stole 12 cellular telephones by removing them from the various display podiums to which they were tethered inside a T-Mobile store in Brooklyn. The defendant correctly contends that the evidence was not legally sufficient to support his conviction of grand larceny in the third degree.

“A person is guilty of grand larceny in the third degree when he or she steals property and . . . when the value of the property exceeds three thousand dollars” (Penal Law § 155.35 [1]). Value is defined as “the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime” (Penal Law § 155.20 [1]).

As a threshold matter, the People correctly concede that the market value of the displayed cell phones could not be satisfactorily ascertained (see People v Vientos, 79 NY2d 771 [1991]; People v Bayusik, 192 AD2d 1073 [1993], affd 83 NY2d 774 [1994]). The store manager testified that phones placed on display are not sold to customers, and are only removed from display when the model is discontinued, at which point they are returned to the manufacturer. Having established that there was no market for current model cell phones that had been altered for secure display purposes, “[t]he People were not required to show whether the [phones] had an established value in the black market” (People v Vientos, 79 NY2d at 772). Accordingly, the People could establish value through the alternative method of cost of replacement (see Penal Law § 155.20 [1]).

Nevertheless, the defendant correctly contends that, notwithstanding the People’s reliance on the cost-of-replacement method of valuation, the evidence was not legally sufficient to prove that the value of the phones exceeded $3,000. Any person who testifies as to the value of an item “must provide a basis of knowledge for his [or her] statement of value before it can be accepted as legally sufficient evidence of such value” (People v Lopez, 79 NY2d 402, 404 [1992]; see People v Smith, 289 AD2d[*899] 1056, 1058-1059 [2001]). “Conclusory statements and rough estimates of value” that are unsupported by a basis of knowledge are insufficient (People v Loomis, 56 AD3d 1046, 1047 [2008]; see People v Pallagi, 91 AD3d 1266, 1269 [2012]; People v Gonzalez, 221 AD2d 203, 204 [1995]). Although the store manager testified generally regarding the range of estimated values that she would assign to the stolen phones, she failed to provide a basis of knowledge for her statement, and there was no specific proof as to the cost of replacing any particular phone (see People v Pallagi, 91 AD3d at 1269-1270; People v Seymour, 11 AD3d 976, 977-980 [2010]; cf. People v Wandell, 285 AD2d 736 [2001]; People v Mims, 178 AD2d 178 [1991]). As there was no other evidence as to the value of the stolen property, the People failed to meet their burden of proving every element of the crime of grand larceny in the third degree (see Penal Law § 155.35), or grand larceny in the fourth degree (see Penal Law § 155.30).

However, the evidence presented did establish the crime of petit larceny, which requires no proof of value (see Penal Law § 155.25). Accordingly, we reduce the defendant’s conviction of grand larceny in the third degree to petit larceny, and vacate the sentence imposed. Although the defendant has already served the maximum sentence that could be imposed for petit larceny (see Penal Law § 70.15 [1]), we nevertheless remit the matter to the Supreme Court, Kings County, for the imposition of an authorized sentence for that offense (see People v Seymour, 11 AD3d at 980; People v Harvin, 75 AD3d 559, 561 [2010]). Mastro, J.P., Lott, Austin and Sgroi, JJ., concur.