| People v Webb (Kerwin) |
| 2020 NY Slip Op 50406(U) [67 Misc 3d 129(A)] |
| Decided on April 9, 2020 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
John R. Lewis, for appellant. Westchester County District Attorney (Brian Pouliot and William C. Milaccio of counsel), for respondent.
Appeal from a judgment of the City Court of Mount Vernon, Westchester County (Adrian N. Armstrong, J.), rendered October 11, 2017. The judgment convicted defendant, after a nonjury trial, of petit larceny.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of petit larceny (Penal Law § 155.25). 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 to establish defendant's guilt of petit larceny beyond a reasonable doubt (see People v Olivo, 52 NY2d 309, 318 [1981]). Moreover, upon our independent review of the evidence pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]).
Defendant's argument that certain statements made by the court at sentencing impacted the validity of the verdict is unpreserved for appellate review, as he made no objection to any of the [*2]comments of which he now complains (see CPL 470.05 [2]; People v Jones, 2 AD3d 1397, 1399 [2003]). In any event, this contention is without merit (see People v Fish, 210 AD2d 961 [1994]).
Accordingly, the judgment of conviction is affirmed.
ADAMS and RUDERMAN, JJ., concur.
TOLBERT, J.P., taking no part.
Paul Kenny