Opinion
2002-1518 Q CR.
Decided December 12, 2003.
Defendant appeals from a judgment of the Criminal Court, Queens County (F. Camacho, J.), rendered October 10, 2002, convicting him, after a jury trial, of petit larceny (Penal Law § 155.25) and sentencing him to ten months' imprisonment.
Judgment of conviction unanimously affirmed.
PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.
Defendant failed to preserve for appellate review his claim that the admission of certain evidence unfairly prejudiced the defense by suggesting the commission of uncharged crimes (CPL 470.05). In any event, were we to reach the merits of the claim, we would affirm. A store employee observed defendant conceal five disposable cameras in his clothing and depart the premises without paying for the merchandise. Alerted to the apparent theft, other employees pursued defendant for several blocks, and following a struggle with defendant and defendant's arrest, the employees recovered an additional twelve cameras, two which one employee had observed defendant discard during the pursuit, and the remainder scattered on the ground near the arrest scene. All the cameras bore packaging and security markings identical to that used by the store, and absent any indication that they were the property of any other entity, the court properly admitted the cameras as proof of the offense, to account for the disposition of the property observed stolen, and in support of the additional charge, criminal possession of stolen property in the fifth degree, of which defendant was acquitted.