Opinion
April 5, 1985
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and O'Donnell, JJ.
Judgment unanimously affirmed. Memorandum: At defendant's trial for insurance fraud in the first degree (Penal Law § 176.20), the court properly received into evidence the jeweler's appraisal as an admission by defendant since defendant adopted the appraisal as his own when he sought to establish the value of the jewelry claimed to be stolen ( Rudolph v. John Hancock Mut. Life Ins. Co., 251 N.Y. 208; see, Miller v. Nationwide Mut. Fire Ins. Co., 100 A.D.2d 727). We have examined defendant's other claimed errors, and find them to be without merit.