Felony Convictions Vacated & Dismissed Due to Legal Insufficiency of Larceny
The People presented evidence at trial that Mr. Golding entered a U-Haul parking lot, took a key from the key return box, used it to open a van door, and sat inside for two minutes before leaving the van without ever moving it. Immediately thereafter, plainclothes police officers arrived in unmarked vehicles and arrested him. A jury convicted Mr. Golding of four felonies: third- and fourth-degree grand larceny and third- and fourth-degree criminal possession of stolen property. The Appellate Division agreed that there was insufficient evidence he intended to cause permanent or virtually permanent loss to the owner of the van, as a jury could rationally infer he intended to use the van temporarily. Because there was insufficient evidence that a larceny was committed, the four felony convictions were vacated and dismissed, and the five-year probation sentence was vacated.
Caitlyn Carpenter represented Mr. Golding