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THE PEOPLE, ETC., Respondent, v. JOSE OLAYA, Appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his knowledge that the vehicle was stolen and, therefore, his guilt of the crime of criminal possession of stolen property in the fourth degree, is unpreserved for appellate review ( see People v. Gray, 86 N.Y.2d 10) and in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt, inter alia, because the jury could reasonably infer that the defendant knew he was driving a stolen car ( see People v. Cintron, 95 N.Y.2d 329, 332; People v. Ryan, 224 A.D.2d 644, 645). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).

SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.

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PEOPLE v. OLAYA
(Nov 24, 2003)