Majority
p. 887The People of the State of New York, Respondent, v Fred L. Moye, Appellant. [714 NYS2d 923]
—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 [1]), 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
p. 888
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 NY2d 10 , 19; People v Shannon, 269 AD2d 839 ; People v Schultz, 266 AD2d 919 , lv denied 94 NY2d 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 NY2d 490 , 495). (Appeal from Judgment of Monroe County Court, Marks, J.— Forgery, 2nd Degree.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Balio, JJ.
Cases cited
- People v. Gray 86 NY2d 10 at 19 p. 888
- People v. Schultz 266 AD2d 919 p. 888
- People v. Bleakley 69 NY2d 490 at 495 p. 888