After he allegedly misappropriated an electronic translator, Nelson Miranda was found guilty of grand larceny charges in the fourth degree and sentenced to a term of 2 to 4 years.
Miranda claimed to have found the device on the floor and sought a lesser charge. When the New York County Supreme Court declined that request, Miranda appealed to the Appellate Division, First Department.
Because two officers saw Miranda remove the object, and since there was no evidence the victim's backpack was unzipped or turned upside down, the AD1 deferred to the "law of gravity" and concluded that the item had been comfortably situated in the carrier until Miranda purportedly purloined it.
Now that's a backpack rap.
To view a copy of the Appellate Division's decision, please use this link: People v. Miranda