PEOPLE v. JOHNSON

We reject defendant's contention that an expired credit card is not a "credit card" within the meaning of General Business Law § 511 (1), and, accordingly, we find the proof was sufficient to establish that he was guilty of criminal possession of stolen property in the fourth degree (People v Winfield, 145 A.D.2d 449, lv denied 73 N.Y.2d 1024). The court's instruction to the jury that a credit card that has expired is a credit card within the meaning of Penal Law § 165.45 (2) was an issue which involved the interpretation of a law and, hence, properly within the province of the court and not the jury (see, Bush v Delaware, Lackawanna W.R.R. Co., 166 N.Y. 210, 226). Whether the Visa card in evidence was a credit card was properly left to the jury to determine since the nature of the credit card, including its expiration date, was a factor which the jury could consider with respect to the elements of the crime.

Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.