Opinion
November 28, 1995
Appeal from the Supreme Court, New York County (James Leff, J.).
Defendant's knowledge that the vehicle he was driving had been stolen was proven by legally sufficient evidence, including his exclusive possession of it less than three weeks after it was stolen from the auto dealer ( see, People v Rogers, 186 A.D.2d 438, lv denied 81 N.Y.2d 765; cf., People v Richlia, 41 A.D.2d 955), the positioning of the front license plate in the front window, attachment of the rear license plate to the rear bumper with a wire hanger, and the damage to the dashboard of this brand new vehicle due to the removal of the radio. Defendant's explanation that he rented this brand new vehicle worth over $24,000 from a complete stranger for $40 was properly placed before the jury, and we find no reason to disturb its determination. Defendant's remaining contentions are unpreserved, and in any event, without merit. We perceive no abuse of sentencing discretion.
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.