Opinion
September 29, 2000
Appeal from Judgment of Monroe County Court, Marks, J. — Forgery, 2nd Degree.
PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment entered upon a jury verdict convicting him of forgery in the second degree (Penal Law § 170.10), criminal possession of stolen property in the fourth degree (two counts) (Penal Law § 165.45) and petit larceny (Penal Law § 155.25). He contends that the proof of guilt is legally insufficient in several respects. Because he made only a general motion to dismiss based on legally insufficient evidence, his contention is not preserved for our review ( see, People v. Gray, 86 N.Y.2d 10, 19; People v. Shannon, 269 A.D.2d 839; People v. Schultz, 266 A.D.2d 919, lv denied 94 N.Y.2d 906) and, in any event, lacks merit. The evidence is legally sufficient to establish defendant's involvement as an accomplice ( see, Penal Law § 20.00) in a scheme to steal property with a stolen credit card. We reject defendant's contention that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).