| People v Badji |
| 2019 NY Slip Op 02660 [171 AD3d 499] |
| April 9, 2019 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Frederic Badji, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), forrespondent.
Judgment, Supreme Court, New York County (Anthony J. Ferrara, J.), rendered April 1,2016, convicting defendant, after a jury trial, of attempted grand larceny in the fourth degree,criminal possession of stolen property in the fourth degree, and three counts of grand larceny inthe fourth degree, and sentencing him to an aggregate term of six months, with4
Regarding defendant's unauthorized use of the victim's Uber account, defendant failed topreserve his challenges to evidence of the victim's communications with the Uber driverregarding defendant's identity, and we decline to review them in the interest of justice. As analternative holding, we find these arguments unavailing, except that to the extent the victimtestified that the driver confirmed that he recognized defendant's photo, that testimony wasinadmissible hearsay. The error, however was harmless in light of the overwhelming evidence ofdefendant's guilt (see People v Crimmins, 36 NY2d 230 [1975]).
We have considered defendant's remaining evidentiary rulings and find them unavailing. Wealso find that defendant's challenge to the sufficiency of his larceny conviction based on his theftof the victim's credit card is unavailing, notwithstanding the absence of proof that defendant wasin possession of the physical credit card when he used intangible credit card information to makepurchases (see People v Barden, 117AD3d 216, 230-236 [1st Dept 2014], revd on other grounds 27 NY3d 550 [2016]).Concur—Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.