| People v McMillan |
| 2011 NY Slip Op 08992 [90 AD3d 499] |
| Dcmbr 13, 2011 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Steven McMillan, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), forrespondent.
Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered October 14,2008, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminalpossession of stolen property in the fourth and fifth degrees, and sentencing him, as a secondfelony offender, to an aggregate term of two to four years, unanimously affirmed.
Defendant's legal sufficiency argument is unpreserved and we decline to review it in theinterest of justice. As an alternative holding, we find that the verdict was based on legallysufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d342, 348-349 [2007]). Defendant challenges the evidence establishing that a stolen item wasa credit card as defined by law. However, under the circumstances of the case the jury wasentitled to rely on the victim's unchallenged testimony that the item was her credit card. "Asufficiently specific motion might [have] provid[ed] the opportunity for cure" (People vGray, 86 NY2d 10, 20 [1995]) by alerting the People to elicit additional proof of the natureof the card.
We have considered and rejected defendant's pro se claims. Concur—Mazzarelli, J.P.,Andrias, Renwick, Freedman and Manzanet-Daniels, JJ.