Opinion
July 12, 1991
Appeal from the Monroe County Court, Kepner, J.
Present — Dillon, P.J., Boomer, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal possession of stolen property in the third degree. There is no merit to defendant's contention that the evidence was legally insufficient to prove ownership and value of the stolen vehicle. The record reveals that the vehicle was stolen from a lessee who had a superior right to possession (see, Penal Law § 155.00; People v Hutchinson, 56 N.Y.2d 868) and that the original price for the vehicle was at least $22,000, the vehicle had been used for only a month and a half and was in excellent physical condition when stolen, thus indicating a value well in excess of $3,000 (see, People v Ruiz, 159 A.D.2d 656, lv denied 76 N.Y.2d 742; People v Miller, 156 A.D.2d 265, lv denied 75 N.Y.2d 922; People v James, 111 A.D.2d 254, affd 67 N.Y.2d 662). We have conducted an independent review of the record and conclude that the verdict was not contrary to the weight of evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).
The remaining issue was not preserved for appellate review (see, CPL 470.05; People v Lipton, 54 N.Y.2d 340, 351), and in any event, is without merit (see, People v Hazlett, 167 A.D.2d 867, lv denied 77 N.Y.2d 878).