PEOPLE, res, v. ANTHONY LEWIS, def-ap

7386-7387. PEOPLE, res, v. ANTHONY LEWIS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Susan H. Salomon of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for res — Judgment, Supreme Court, New York County (Maxwell T. Wiley, J.), rendered July 30, 2009, as amended May 10, 2011, convicting defendant, after a jury trial, of grand larceny in the third degree (two counts), grand larceny in the fourth degree (three counts), criminal possession of a forged instrument in the second degree (eight counts), identity theft in the first degree (five counts), scheme to defraud in the first degree and criminal possession of forgery devices, and sentencing him to an aggregate term of 9 1/3 to 28 years, unanimously affirmed.

During the investigation, the police, without obtaining a warrant, attached a global positioning system (GPS) to defendant’s car that provided defendant’s location at the moment information was requested. This case was tried a few weeks before the Court of Appeals decided People v. Weaver (12 NY3d 433 [2009]), which deals with the legality, under the New York Constitution, of prolonged warrantless use of GPS devices.