THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. TIMOTHY DARRISAW DEFENDANT APPELLANT (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  On appeal from a judgment convicting him following a bench trial of unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1] ), defendant contends that the conviction is not supported by legally sufficient evidence.   We reject that contention.   The People presented evidence establishing that defendant rode in the stolen vehicle without the consent of the owner, thereby establishing the elements of the crime of which he was convicted (see People v. Rivera, 185 A.D.2d 751, 752, affd 82 N.Y.2d 695).   Thus, viewing the evidence in the light most favorable to the People (see People v. Contes, 60 N.Y.2d 620, 621), we conclude that there is a “ ‘valid line of reasoning and permissible inferences from which a rational [factfinder] could have found the elements of the crime proved beyond a reasonable doubt’ “ (People v. Danielson, 9 NY3d 342, 349).

Patricia L. Morgan

Clerk of the Court