Opinion
2002-05991.
Submitted October 30, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered June 17, 2002, convicting him of criminal possession of stolen property in the fourth degree and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Colin Schaeffer of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS A. ADAMS, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his knowledge that the vehicle was stolen and, therefore, his guilt of the crime of criminal possession of stolen property in the fourth degree, is unpreserved for appellate review ( see People v. Gray, 86 N.Y.2d 10) and in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt, inter alia, because the jury could reasonably infer that the defendant knew he was driving a stolen car ( see People v. Cintron, 95 N.Y.2d 329, 332; People v. Ryan, 224 A.D.2d 644, 645). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.