Diane Marks was convicted of robbery in the third degree and grand larceny in the fourth degree, and sentenced by the New York County Supreme Court to six months in jail and 5 years' probation, for allegedly stealing a walking cane.
Although Marks claimed that she never intended to steal the item (because she was intoxicated), the Appellate Division, First Department, was of the view the evidence suggested otherwise.
Apparently, witnesses testified that Marks didn't reek of alcohol, that she walked normally, that she claimed to be the owner of the item, fended off witnesses when they tried to retrieve it, and, ran and hid from the officers when they arrived at the scene.
The appellate court also summarily discredited Marks's argument that she lacked a "rational motive" for stealing the item.
Looks like the poor lady got caned.
To view a copy of the Appellate Division's decision, please use this link: People v. Marks