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PEOPLE v. ANDRE

Appellate Division of the Supreme Court of New York, Second Department.
Nov 5, 1990

Ordered that the judgment is affirmed.

A person may commit a larceny when he steals property "with intent to deprive another of [the] property" (Penal Law ยง 155.05). Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we conclude, contrary to the defendant's assertions, that the evidence was legally sufficient to establish that the defendant intended permanently to deprive another of his property (see, People v. Welsh, 124 A.D.2d 301, 303; see also, People v. Kirnon, 39 A.D.2d 666, affd. 31 N.Y.2d 877; People v. Reed, 124 A.D.2d 836). 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).

We have examined the defendant's remaining contentions and find that they are unpreserved for appellate review. Bracken, J.P., Kunzeman, Eiber and Harwood, JJ., concur.