After he was found guilty of two counts of grand larceny in the fourth degree, Allen Mack claimed that there had been insufficient legal evidence to support the conviction--even though officers saw him removing a wallet from a sleeping victim's pocket.
Mack thought the victim's lack of awareness mitigated the severity of the crime, but the New York County Supreme Court and the Appellate Division, First Department, rejected that argument since the law didn't make the mark's mental state a factor.
Come on people, wake up!
To view a copy of the Appellate Division's decision, please use this link: People v. Mack