This section contains the nature of the case and procedural background.

D was the landlord of commercial property. Executive Decisions Support, Inc., headed by Catherine Topp. Topp was a tenant. Topp signed the lease. The lease contained a default clause authorizing the D to enter the tenant's premises, seize the tenant's personal property and sell it as a way of recovering unpaid rent or other charges. D claimed Topp had failed to pay her rent for March, April, and May 1990. D entered Topp's office by picking the lock. He seized two of Topp's computers and attached printers. Topp arrived at work and noticed that the lock on her office door had been tampered with. Topp called the Stamford police on the missing computers. D that he had taken her computers as a consequence of her failure to pay three months rent. The police expressed doubt as to the lawfulness of D's conduct, at which point D reiterated his belief that his actions were in accordance with his lease. Sergeant Ralph Geter informed D that he had no right under the law to confiscate Topp's computer equipment and that he should make arrangements with Topp to return the goods. D sold the computers on May 23, 1990. D was subsequently arrested on June 28, 1990. D was charged with larceny in the first degree and criminal coercion. D was convicted of larceny in the third degree and acquitted on the coercion charge. D appealed. D claims that the state did not prove beyond a reasonable doubt that he was guilty of larceny.

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