People v Rodriguez

2008 NY Slip Op 05007

Decided on June 5, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2008
Tom, J.P., Friedman, Nardelli, Buckley, Renwick, JJ.
3833 6264/06






Center for Appellate Litigation, New York (Robert S. Dean of
counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Aaron
Ginandes of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered June 7, 2007, as amended June 20, 2007, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). While each of defendant's actions, viewed in isolation, may have had an innocent explanation, his pattern of behavior supported the
conclusion that he intentionally aided his companion by acting as a lookout.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2008

CLERK