People v. Vientos

Ellerin, J. (concurring in part and dissenting in part).

While concurring in the conclusion that defendant’s guilt of criminal possession of stolen property should be sustained, I cannot agree that the People established that the value of the stolen computer in this case exceeded $1,000, an essential element of the crime of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [1]), the degree of the crime of which the defendant stands convicted.

The "value of stolen property” is defined in Penal Law § 155.20 (1) as "the market value of the property at the time and…