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PEOPLE, res, v. MANUEL RODRIGUEZ, def-ap

4803. PEOPLE, res, v. MANUEL RODRIGUEZ, def-ap — Rosemary Herbert, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for res — Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered April 26, 2012, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of 1 1/3 to 4 years, unanimously affirmed.

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4803. PEOPLE, res, v. MANUEL RODRIGUEZ, def-ap — Rosemary Herbert, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Courtney M. Wen of counsel), for res — Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered April 26, 2012, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentencing him to a term of 1 1/3 to 4 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). The charge arises out of a stolen check, the proceeds of which were deposited into defendant’s newly-opened account by an unidentified man (undisputedly not defendant himself) using defendant’s debit card and PIN number, and later withdrawn by defendant.

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