Opinion
February 2, 1990
Appeal from the Monroe County Court, Wisner, J.
Present — Dillon, P.J., Callahan, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Following a bench trial, the court convicted defendant of theft of a credit card under Penal Law § 155.30 (4). Defendant contends on appeal that the evidence is legally insufficient to prove that the item stolen was a credit card. We disagree. The victim's Visa card, which was in her wallet when the wallet was stolen, was viewed by the court, and photocopies of the front and back of the card were received in evidence. The card was issued by a credit union and bore an expiration date of approximately five months after the date of the theft. The victim testified that she had previously used the card to purchase goods or to obtain cash advances. We find that the evidence is sufficient to prove that the stolen Visa card is a "credit card" as defined in General Business Law § 511 (1) (see, People v Ames, 115 A.D.2d 545, lv denied 67 N.Y.2d 759; cf., People v Winfield, 145 A.D.2d 449, 450, lv denied 73 N.Y.2d 1024).