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PROOF OF THE VALUE OF THE STOLEN ITEMS WAS INSUFFICIENT; GRAND LARCENY 3RD DEGREE CONVICTION NOT SUPPORTED BY THE WEIGHT OF THE EVIDENCE (SECOND DEPT).

The Second Department determined the grand larceny third degree charged was against the weight of the evidence because the value of the stolen items was not proven:

The People were required to establish that the market value of the stolen items at the time of the crime exceeded $3,000 (see Penal Law § 155.20[1]). Here, the stolen property consisted of two handguns, several items of jewelry, and a computer tablet. The complainant testified that (1) the purchase price of the .40 caliber Smith & Wesson automatic handgun was $800 and that he purchased it “[a]pproximately four years” before the burglary; (2) the purchase price of the .380 Ruger automatic handgun was $600 and that he purchased it “[t]wo years” before the burglary; and (3) he cleaned both guns regularly, and they were both operable. The People’s ballistics expert testified that the retail value of each firearm was “anywhere from $500 to $1,000.”

However, the only evidence of the value of the remaining stolen items was the complainant’s testimony regarding the purchase price of some of those items, and he did not testify as to when he purchased those items, their market value, or the cost to replace them. Although a “victim is competent to supply evidence of original cost” … , “evidence of the original purchase price, without more, will not satisfy the People’s burden” … . On this record, we cannot conclude that the fact-finder could “reasonably infer, rather than merely speculate” that the value of all of the stolen goods exceeded the statutory threshold of $3,000 … . Accordingly, we find that the evidence was insufficient to establish that the value of the property taken exceeded $3,000 … . People v Rivera, 2020 NY Slip Op 01192, Second Dept 2-19-20

 

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