People v Edwin Medina

People v Medina 2005 NY Slip Op 03744 [18 AD3d 226] May 5, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 20, 2005

The People of the State of New York, Respondent,
v
Edwin Medina, Appellant.

—[*1]

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.), rendered October 9, 2003, convicting defendant, after a jury trial, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The value of the car in question was properly established by the testimony of an expert appraiser, in combination with testimony concerning the car's condition that was provided by the owner and by a police officer who observed the car (see People v Jamison, 278 AD2d 100 [2000], lv denied 96 NY2d 784 [2001]; People v Callendar, 260 AD2d 315 [1999], lv denied 93 NY2d 1015 [1999]).

Defendant's argument concerning the court's charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it. Concur—Buckley, P.J., Saxe, Nardelli, Williams and Catterson, JJ.