Opinion
March 19, 1990
Appeal from the County Court, Westchester County (Rosato, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. 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). We note that criminal possession of stolen property in the third degree, as it existed at the time of the crime, did not require proof of value and was a class A misdemeanor.
Contrary to the defendant's contentions, it was not improper for the trial court to have denied his request to withdraw his fully executed jury waiver, made on the day his bench trial was scheduled to commence (see, People v McQueen, 52 N.Y.2d 1025). Moreover the court's denial of the defendant's request for an adjournment of a "few weeks to look over [some] papers", was not an improvident exercise of discretion (see, Matter of Anthony M., 63 N.Y.2d 270, 283; People v Singleton, 41 N.Y.2d 402, 405; People v Foy, 32 N.Y.2d 473; Matter of Alario v DeMarco, 149 A.D.2d 587, appeal dismissed 74 N.Y.2d 791).
We have reviewed the defendant's remaining contentions and find them to be without merit. Kunzeman, J.P., Kooper, Sullivan and Miller, JJ., concur.