Opinion
April 28, 1992
Appeal from the Supreme Court, New York County (Thomas B. Galligan, J.).
Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of grand larceny in the fourth degree. Further, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the evidence of the actual taking of the earring and the circumstances of his flight and apprehension were properly placed before the jury, and, after considering the testimony and the inferences that may be drawn therefrom, we find no reason to disturb its determination.
Concur — Murphy, P.J., Ellerin, Wallach, Asch and Rubin, JJ.