PEOPLE v. UI LIN (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. UI LIN, a/k/a Lin Ui, Defendant-Appellant.

Decided: March 09, 1999

ROSENBERGER, J.P., WALLACH, RUBIN and ANDRIAS, JJ.

Floyd R. Engelhardt, for Respondent. Carlos G. Manalansan, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Renee White, J.), rendered June 26, 1997, convicting defendant, after a jury trial, of attempted grand larceny in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence defendant's contention that the People failed to prove that the victim was an owner of the money is unpreserved and we decline to review it in the interests of justice. Were we to review it, we would find that the totality of the evidence supported a reasonable inference that the victim was an “owner” within the meaning of Penal Law § 155.00(5) (People v. Hutchinson, 56 N.Y.2d 868, 453 N.Y.S.2d 394, 438 N.E.2d 1109).

MEMORANDUM DECISION.

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