PEOPLE v. WEBB (2020)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Kerwin WEBB, Appellant.

2017-1980 W CR

Decided: April 09, 2020

PRESENT: : BRUCE E. TOLBERT, J.P., THOMAS A. ADAMS, TERRY JANE RUDERMAN, JJ

John R. Lewis, for appellant. Westchester County District Attorney (Brian Pouliot and William C. Milaccio of counsel), for respondent.

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 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.

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