Opinion
No. 9915.
December 21, 2006.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 25, 2005, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree, and sentencing her, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (John Schoeffel of counsel), and Dewey Ballantine LLP, New York (Mayur R. Patel of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Julie Paltrowitz of counsel), for respondent.
Before: Buckley, P.J., Mazzarelli, Andrias, Sullivan and Sweeny, JJ.
Defendant's arguments concerning the court's instructions on grand larceny are moot, since she was acquitted of that charge ( see People v Lewis, 125 AD2d 918, 919, lv denied 69 NY2d 882). To the extent that her arguments relate to the court's instructions on possession of stolen property, those arguments are unpreserved and we decline to review them in the interest of justice.