People v. Davis, 114 A.D.3d 1287 (N.Y. App. Div. 2014). · Go Syfert
People v. Davis, 114 A.D.3d 1287 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Thompson (nyappdiv, 2022-06-03)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Thompson
N.Y. App. Div. · 2022 · confidence medium
The court properly credited the victim's testimony concerning the cost to repair her car door and windshield, which was supported by an estimate and a receipt from credible repair shops ( see People v Grant , 189 AD3d 2112 , 2114 [4th Dept 2020], lv denied 37 NY3d 956 [2021]; People v Davis , 114 AD3d 1287, 1288 [4th Dept 2014]; People v Francis L.M. , 278 AD2d 919 , 919-920 [4th Dept 2000], lv denied 97 NY2d 754 [2002]).
discussed Cited as authority (rule) People v. Shanley
N.Y. App. Div. · 2020 · confidence medium
The People met their burden of establishing the amount of restitution by the requisite preponderance of the evidence ( see CPL 400.30 [4]; People v Tzitzikalakis , 8 NY3d 217, 221-222 [2007]) through the victim's testimony, which the court implicitly found to be credible, and the receipt documenting the cost of the stolen items ( see People v Perez , 130 AD3d 1496, 1497 [4th Dept 2015]; People v Davis , 114 AD3d 1287, 1288 [4th Dept 2014]; People v Wilson , 108 AD3d 1011, 1013 [4th Dept 2013]).
discussed Cited as authority (rule) People v. Grant
N.Y. App. Div. · 2020 · confidence medium
The court properly determined the value of the stolen coins based on, inter alia, estimates from the two largest coin retailers in the nation, and the parties' stipulation to determine the value of the coins by using the cost of replacement on a specific date ( see generally People v Jones , 155 AD3d 1111, 1115 [3d Dept 2017], lv denied 31 NY3d 984 [2018]; People v Davis , 114 AD3d 1287, 1288 [4th Dept 2014]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2017 · confidence medium
County Court properly credited the testimony of Dodge, who had bought, sold and repaired farm equipment and machinery and parts for 30 years and regularly attended auctions, with respect to the value of the stolen property (see People v Decker, 139 AD3d 1113, 1118 [2016], lv denied 28 NY3d 928 [2016]; People v Davis, 114 AD3d 1287, 1288 [2014]), and “[e]xpert testimony was not required” (People v Ford, 77 AD3d 1176, 1176-1177 [2010], lv denied 17 NY3d 816 [2011]).
discussed Cited as authority (rule) People v. Blackshear
N.Y. App. Div. · 2015 · confidence medium
The testimony of those witnesses, among others, “tended to connect [defendant] to the crime and harmonized with the narrative provided by the accomplice [ ] . . . , such that the jury [could have been] reasonably satisfied that the accomplice! ] w[as] telling the truth” (People v Davis, 114 AD3d 1287, 1287 [2014] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Blackshear
N.Y. App. Div. · 2015 · confidence medium
The testimony of those witnesses, among others, “tended to connect [defendant] to the crime and harmonized with the narrative provided by the accomplice [ ] . . . , such that the jury [could have been] reasonably satisfied that the accomplice! ] w[as] telling the truth” (People v Davis, 114 AD3d 1287, 1287 [2014] [internal quotation marks omitted]).
discussed Cited as authority (rule) BLACKSHEAR, ERIC, PEOPLE v
N.Y. App. Div. · 2015 · confidence medium
The testimony of those witnesses, among others, “tended to connect [defendant] to the crime and harmonized with the narrative provided by the accomplice[] . . . , such that the jury [could have been] reasonably satisfied that the accomplice[] w[as] telling the truth” (People v Davis, 114 AD3d 1287, 1287 [internal quotation marks omitted]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Anthony Davis
Appellate Division of the Supreme Court of the State of New York.
Feb 14, 2014.
114 A.D.3d 1287
Cited by 7 opinions  |  Published

Appeal from a judgment of the Steuben County Court (Marianne Furfure, A.J.), rendered May 3, 2010. The judgment convicted defendant, upon a jury verdict, of grand larceny in the fourth degree and criminal mischief in the fourth degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of grand larceny in the fourth degree (Penal Law § 155.30 [1]) and criminal mischief in the fourth degree (§ 145.00 [1]). The evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), is legally sufficient to support the conviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Contrary to defendant’s contention, the testimony of the accomplices is supported by sufficient corroborative evidence (see CPL 60.22 [1]). One of the nonaccomplice witnesses testified that, prior to the commission of the crime, defendant and his two accomplices discussed in her presence their intention to go to the victim’s home and steal property, and she thereafter observed the three men leave together and return together (see People v Swift, 241 AD2d 949, 949 [1997], lv denied 91 NY2d 881 [1997], reconsideration denied 91 NY2d 1013 [1997]). Another nonaccomplice witness testified that she observed defendant in possession of the stolen safe and some of its contents (see People v La Porte, 217 AD2d 821, 821-822 [1995]; People v Hadden, 210 AD2d 546, 547 [1994], lv denied 85 NY2d 910 [1995]). The testimony of those witnesses “tended to connect [defendant] to the crime and harmonized with the narrative provided by the accomplices” (People v Hawley, 286 AD2d 559, 561 [2001]), such “that the jury [could have been] reasonably satisfied that the accomplice[s] [were] telling the truth” (People v Daniels, 37 NY2d 624, 630 [1975]). Viewing the evidence in light of the elements[*1288] of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we reject defendant’s further contention that the verdict is against the weight of the evidence (see generally Bleakley, 69 NY2d at 495).

We further conclude that County Court’s finding with respect to the amount of restitution is supported by the requisite preponderance of the evidence presented at the restitution hearing (see CPL 400.30 [4]). The court properly credited the testimony of the victim, a collector of currency for more than 40 years, with respect to the value of the stolen bills (see People v Ford, 77 AD3d 1176, 1176-1177 [2010], lv denied 17 NY3d 816 [2011]). The court also properly credited the victim’s testimony concerning the cost to repair the damage to his home, which was supported by invoices from his contractor (see People v Empey, 73 AD3d 1387, 1389 [2010], lv denied 15 NY3d 804 [2010]). Present — Centra, J.P, Peradotto, Lindley, Sconiers and Whalen, JJ.