[*1]
People v Achume (Mondesir)
2005 NYSlipOp 50486(U)
Decided on April 6, 2005
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 6, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
2004-333 K CR ——————————————————————————————————————————————————x

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, —

against

MONDESIR ACHUME, Appellant. ——————————————————————————————————————————————————x


Appeal by defendant from a judgment of the Criminal Court, Kings County (A. Calabrese, J.), rendered February 4, 2004, after a bench trial, convicting him of attempted petit larceny (Penal Law §§ 110.00, 155.25) and attempted criminal possession of stolen property in the fifth degree (Penal Law §§ 110.00, 165.40), and imposing sentence.


Judgment of conviction unanimously affirmed.

Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence adduced at trial was legally sufficient to establish defendant's guilt of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree beyond a reasonable doubt, and the verdict was not against the weight of the evidence (see CPL 470.15 [5]). Defendant's remaining contentions are unpreserved for appellate review or lack merit.
Decision Date: April 06, 2005