Opinion
11510 Ind. 2238/17
05-14-2020
The PEOPLE of the State of New York, Respondent, v. Neil R. PHILLIPS, Defendant–Appellant.
Neil R. Phillips, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Neil R. Phillips, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Frank Glaser of counsel), for respondent.
Friedman, J.P., Gische, Kapnick, Gonza´lez, JJ.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered March 28, 2018, convicting defendant, after a jury trial, of grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 1½ to 3 years, unanimously affirmed.
The court properly determined that defendant did not establish a foundation for the admissibility of certain photographs (see People v. Price, 29 N.Y.3d 472, 476, 58 N.Y.S.3d 259, 80 N.E.3d 1005 (2017) ). Defendant's remaining arguments are unpreserved, and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.