Opinion
1474
June 19, 2003.
Judgment, Supreme Court, Bronx County (Caesar Cirigliano, J.), rendered February 26, 2002, convicting defendant, after a jury trial, of possession of a stolen vehicle in violation of Vehicle and Traffic Law § 426, and sentencing him to a term of 1 to 4 years, unanimously affirmed.
Claris R. Sukkar, for respondent.
Frances A. Gallagher, for defendant-appellant.
Before: Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The scienter element under Vehicle and Traffic Law § 426 is that the defendant "knows or has reason to believe [the vehicle] has been stolen." That element could be readily inferred from evidence that the vehicle had several obvious and specific indicia of being a stolen car.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.