Opinion
2187
November 13, 2003.
Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered September 20, 2001, convicting defendant, after a jury trial, of aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
Zaharah R. Markoe, for respondent.
Lisa Joy Robertson, for defendant-appellant.
Before: Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ.
The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. The credible evidence established every element of the crime charged (see Vehicle and Traffic Law § 511[a][ii]; People v. Noble, 86 N.Y.2d 814).
Defendant's arguments concerning the court's charge are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court's instruction on the jury's duty to reach a unanimous verdict were appropriate.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.