Opinion
2005-426 QCR.
Decided September 25, 2006.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Suzanne J. Melendez, J.), rendered February 14, 2005. The judgment convicted defendant, after a nonjury trial, of attempted petit larceny.
Judgment of conviction affirmed.
PRESENT: PESCE, P.J., WESTON PATTERSON and BELEN, JJ
Defendant's contention that the evidence adduced at trial was legally insufficient to establish defendant's guilt of attempted petit larceny (Penal Law §§ 110.00, 155.25) beyond a reasonable doubt, was not preserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10). In any event, reversal on said grounds is not warranted since the evidence was legally sufficient to support the conviction. Moreover, the verdict was not against the weight of the evidence ( see CPL 470.15).
With respect to defendant's remaining contention, we note that in the context of a nonjury trial, "the court is presumed to have considered only the legally competent evidence adduced [at trial] and to have excluded extraneous matter from [its] deliberations and verdict ( People v. Harris, 133 AD2d 649, 650-651)" ( People v. Gibson, 210 AD2d 8, 9; see also People v. Walker, 175 AD2d 146; People v. Sims, 127 AD2d 805).
Pecse, P.J., Weston Patterson and Belen, JJ., concur.