Majority
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 13, 2011, convicting him of burglary in the second degree, petit larceny, and criminal possession of stolen property in the fifth degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to support his conviction of criminal possession of stolen property in the fifth degree because there was no evidence that he knew the property was stolen (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 , 492-493 [2008]) and, in any event, there is no merit to the contention. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 , 621 [1983]), we find that it was also legally sufficient to establish the defendant’s guilt of burglary in the second degree and petit larceny. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt as to those crimes was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). The recent and exclusive
Rivera, J.E, Leventhal, Austin and Roman, JJ., concur.
Cases cited
- People v. Hawkins 11 NY3d 484 at 492-493 p. 680
- People v. Contes 60 NY2d 620 at 621 p. 680
- People v. Romero 7 NY3d 633 p. 680
- People v. Baskerville 60 NY2d 374 at 382-384 p. 681
- People v. Chandler 104 AD3d 618 at 619 p. 681
- People v. Merritt 96 AD3d 1169 at 1171 p. 681
- People v. Torres 231 AD2d 594 at 594 p. 681
- People v. Adams 163 AD2d 481 at 482 p. 681