PEOPLE v. ANZALONE (2005)

 Defendant appeals from a judgment convicting him following a jury trial of, inter alia, two counts of criminal possession of stolen property in the third degree (Penal Law § 165.50) and one count each of criminal possession of stolen property in the fourth degree (§ 165.45[5] ) and grand larceny in the third degree (§ 155.35), and further convicting him upon his plea of guilty of escape in the second degree (§ 205.10 [2] ).   Contrary to defendant's contention, the evidence concerning the value of the stolen property is legally sufficient to support the conviction of criminal possession of stolen property in the third and fourth degrees as well as the conviction of grand larceny (see People v. Carter, 19 N.Y.2d 967, 968, 281 N.Y.S.2d 365, 228 N.E.2d 415;  People v. Chacon, 11 A.D.3d 906, 907, 782 N.Y.S.2d 172;  People v. Jackson, 194 A.D.2d 691, 691-692, 599 N.Y.S.2d 114;  People v. Stein, 172 A.D.2d 1060, 569 N.Y.S.2d 552, lv. denied 78 N.Y.2d 975, 574 N.Y.S.2d 955, 580 N.E.2d 427).   Also contrary to defendant's contention, County Court did not err in refusing to suppress certain identification evidence.   The observation and identification of defendant by the victim in the lobby of the courthouse was accidental and not arranged by the police (see People v. Clark, 85 N.Y.2d 886, 888, 626 N.Y.S.2d 59, 649 N.E.2d 1203;  People v. Washington, 304 A.D.2d 480, 757 N.Y.S.2d 731, lv. denied 100 N.Y.2d 600, 766 N.Y.S.2d 176, 798 N.E.2d 360;  People v. Brown [Sterling], 295 A.D.2d 442, 443, 743 N.Y.S.2d 554, lv. denied 99 N.Y.2d 580, 755 N.Y.S.2d 716, 785 N.E.2d 738).   Finally, the court did not err in refusing to sever certain counts of the indictment from other counts inasmuch as defendant failed to show “good cause” for discretionary severance (CPL 200.20[3];  see People v. McKinney, 302 A.D.2d 993, 995, 755 N.Y.S.2d 541, lv. denied 100 N.Y.2d 584, 764 N.Y.S.2d 395, 796 N.E.2d 487;  People v. Hernandez, 295 A.D.2d 989, 743 N.Y.S.2d 355, lv. denied 98 N.Y.2d 711, 749 N.Y.S.2d 8, 778 N.E.2d 559;  People v. Bell, 286 A.D.2d 931, 932, 730 N.Y.S.2d 755, lv. denied 97 N.Y.2d 679, 738 N.Y.S.2d 293, 764 N.E.2d 397).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: