Opinion
October 19, 2000.
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered April 21, 1998, convicting defendant, after a jury trial, of attempted grand larceny in the third degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.
Sandra E. Cavazos, for respondent.
John R. Lewis, for defendant-appellant.
Before: Tom, J.P, Mazzarelli, Lerner, Rubin, Friedman, JJ.
The verdict was based on legally sufficient evidence. The evidence clearly warranted the conclusion that defendant was acting as a lookout, in that he was observed on a deserted street in the early morning hours, looking in all directions while a second individual was removing an ignition from a nearby parked car. Furthermore, defendant was heard to whistle as a livery cab driver approached, which action resulted in defendant's accomplice exiting the vandalized car.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.