Opinion
January 20, 1998
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
In the early morning hours of July 6, 1995, the defendant was arrested at a gas station in possession of an automobile that had been stolen from a parking space a few blocks away. Contrary to the defendant's contention, the trial court properly admitted evidence of his prior conviction involving the theft of an automobile to prove his intent to steal the automobile and his knowledge that it was stolen ( see, People v. Molineaux, 168 N.Y. 264, 293; People v. Polizzi, 150 A.D.2d 616). Furthermore, the defendant's objection to the alleged failure of the prosecutor to file a special information with the indictment was rendered academic when the trial court, with both parties' consent, reduced the felony conviction for unauthorized use of a vehicle in the second degree ( see, Penal Law § 165.06) to the misdemeanor of unauthorized use of a vehicle in the third degree ( see, Penal Law § 165.05).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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).
Miller, J.P., O'Brien, Copertino and McGinity, JJ., concur.