Opinion
Argued January 12, 2001
February 13, 2001.
Appeal by the defendant from a judgment of the County Court, Orange County (Pano Z. Patsalos, J.), rendered August 30, 1999, convicting him of criminal possession of stolen property in the fourth degree (three counts), criminal possession of stolen property in the fifth degree, and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence.
John R. Lewis, Sleepy Hollow, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the evidence was legally insufficient to support his conviction because the testimony of his accomplice was not sufficiently corroborated (see, CPL 60.22). However, since he failed to move before the County Court to dismiss the indictment on this specific ground, the issue is unpreserved for appellate review (see, People v. Durant, 186 A.D.2d 673; People v. Coico, 176 A.D.2d 339). In any event, we find that the accomplice testimony was sufficiently corroborated by independent evidence tending to connect the defendant to the commission of the crimes of which he was convicted (see, CPL 60.22; People v. Breland, 83 N.Y.2d 286; People v. White, 169 A.D.2d 798; see also, People v. Gomez, 160 A.D.2d 399).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).