| People v Gillums |
| 2010 NY Slip Op 01980 [71 AD3d 784] |
| March 9, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KirkGillums, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Margarita S. Clarens of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.),rendered June 9, 2008, convicting him of criminal possession of stolen property in the fourthdegree and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt ofcriminal possession of stolen property in the fourth degree and unauthorized use of a vehicle inthe third degree is not preserved for appellate review (see People v Finger, 95 NY2d 894,895 [2000]). In any event, 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 toestablish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independentreview pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against theweight of the evidence (see People vRomero, 7 NY3d 633 [2006]).
The defendant's acquittal on certain robbery charges did not preclude his convictions ofcriminal possession of stolen property in the fourth degree and unauthorized use of a vehicle inthe third degree (see People v Thomas, 266 AD2d 571, 572 [1999]). Moreover, as thePeople correctly point out, the "jury was free to accept or reject portions of the testimonypresented to it" (People v Martinez,63 AD3d 859, 860 [2009]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.