People v. Lemma — 201 A.D.2d 669

Majority

p. 669

The People of the State of New York, Respondent, v Vincent Lemma, Appellant.

[607 NYS2d 983]

Appeal by the defendant from a judgment of the Supreme Court, Queens

p. 670

County (Browne, J.), rendered November 10, 1992, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Under the circumstances of this case, we find that the testimony of a gas station attendant regarding the defendant’s demand that he turn over all his money, occurring just prior to the defendant’s actual theft of moneys held by the attendant’s co-worker, wás properly admitted because it was both necessary to complete the narrative of events leading up to the crime charged (see, People v Cook, 42 NY2d 204 ; People v Catala, 198 AD2d 293 ), and was inextricably interwoven with the description of the events depicted (see, People v Ventimiglia, 52 NY2d 350 ; People v Catala, supra).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit (see, People v Autry, 75 NY2d 836 ; People v Williams, 50 NY2d 996 ). Thompson, J. P., Rosenblatt, Copertino and Hart, JJ., concur.

Cases cited

People v. Cook 42 NY2d 204 N.Y. 1977-07-07 p. 670
People v. Catala 198 AD2d 293 N.Y. App. Div. 1993-11-08 p. 670
People v. Ventimiglia 52 NY2d 350 N.Y. 1981-03-31 p. 670
People v. Williams 50 NY2d 996 N.Y. 1980-06-26 p. 670