Opinion
754
April 10, 2003.
Judgment, Supreme Court, New York County (Laura Drager, J.), rendered December 20, 2001, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree and two counts of possession of burglar tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, 1 year and 1 year, unanimously affirmed.
Mark H. Goldey, for respondent.
Peter Theis, for defendant-appellant.
Before: Buckley, P.J., Nardelli, Andrias, Friedman, Gonzalez, JJ.
The verdict was not against the weight of the evidence. The totality of the evidence warranted the inference of larcenous intent (see People v. Kirnon, 39 A.D.2d 666, 667, affd 31 N.Y.2d 877), and the jury properly discredited defendant's testimony that he only intended to borrow the car. We note that defendant was arrested in possession of the car at a location that was inconsistent with his claimed destination.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.