Opinion
June 1, 1995
Appeal from the Supreme Court, New York County (Jay Gold, J.).
Viewing the evidence in the light most favorable to the People ( People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the evidence was legally sufficient to support defendant's conviction of criminal possession of stolen property in the fourth degree where testimony at trial showed that he attempted to make purchases at a department store with a stolen credit card (Penal Law § 165.45). It is immaterial whether the credit card either had expired or been cancelled or revoked when the defendant attempted to use it ( People v. Winfield, 145 A.D.2d 449, 450, lv denied 73 N.Y.2d 1024).
Concur — Rosenberger, J.P., Ellerin, Ross, Williams and Tom, JJ.