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Insufficient Proof of Value in Grand Larceny Case.

In a Grand Larceny 3rd case, based on the theft of cell phones, the value of the stolen phones was proved by the testimony of the store manager who did not provide “a basis of knowledge” for her statement of value.  The Second Department noted that “ ‘[c]onclusory statements and rough estimates of value’ that are unsupported by a basis of knowledge are insufficient…”. The conviction was reduced to petit larceny, which requires no proof of value.  People v Sutherland, 2011-06497, Ind. No. 12436/08 Second Dept. 1-23-13

 

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