Opinion
3450.
Decided April 22, 2004.
Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 2, 2001, convicting defendant, after a jury trial, of three counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Holly Agajanian of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Lerner, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of identification and credibility, including the weight to be given to inconsistencies, were properly considered by the jury and there is no basis for disturbing its determinations ( see People v. Bleakley, 69 N.Y.2d 490).
The court properly denied defendant's request for a missing witness charge, since defendant failed to establish that the witness's knowledge was material to the issues to be resolved at trial, given that defendant was charged with criminal possession of stolen property and not with the actual theft of that property ( see People v. Dianda, 70 N.Y.2d 894; People v. McCalvin, 309 A.D.2d 516, lv denied 1 N.Y.3d 576).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.