Opinion
2003-02462
October 4, 2004.
Appeal by the defendant from a judgment of the County Court, Nassau County (Carter, J.), rendered March 7, 2003, convicting him of grand larceny in the second degree and offering a false instrument for filing in the first degree (eight counts), upon a jury verdict, and imposing sentence.
Before: Florio, J.P., Goldstein, Mastro and Fisher, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his criminal intent is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10, 19-21; People v. Rosenblitt, 198 AD2d 382, 383). In any event, viewing the evidence adduced at trial in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the defendant possessed the requisite intent to defraud the State of New York through fraudulent Medicaid claims ( see People v. Rosenblitt, supra; People v. Weinberg, 183 AD2d 932, 934; People v. Chaitin, 94 AD2d 705, 705-706, affd 61 NY2d 683). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see CPL 470.15).
The defendant's contention that he was tried on a theory not presented in the indictment is unpreserved for appellate review ( see People v. Udzinski, 146 AD2d 245), and in any event, is without merit ( see People v. Rivera, 268 AD2d 445; People v. Espinal, 208 AD2d 644, 645).
The defendant was afforded the effective assistance of counsel ( see People v. Benevento, 91 NY2d 708, 712).
The defendant's remaining contention is unpreserved for appellate review, and in any event, is without merit ( see People v. Tarikere, 173 AD2d 660; People v. Albanese, 144 AD2d 952).