1 A.D.2d 615 767 N.Y.S.2d 662

The People of the State of New York, Respondent, v Jose Olaya, Appellant.

[767 NYS2d 662]

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.

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 NY2d 10 [1995]) and in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 NY2d 329, 332 [2000]; People v Ryan, 224 AD2d 644, 645 [1996]). 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 [5]). Santucci, J.P, Adams, Crane and Cozier, JJ., concur.

People v. Olaya
1 A.D.2d 615 767 N.Y.S.2d 662

Case Details

Name
People v. Olaya
Decision Date
Nov 24, 2003
Citations

1 A.D.2d 615

767 N.Y.S.2d 662

Jurisdiction
New York

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