Opinion
April 3, 2001.
Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered July 27, 1999, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Susan Axelrod, for respondent.
Carol A. Zeldin, for defendant-appellant.
Before: Nardelli, J.P., Williams, Tom, Andrias, Buckley, JJ.
Since defendant did not argue before the trial court that the evidence of value was legally insufficient to meet the $1000 threshold for fourth-degree possession (Penal Law § 165.45), the issue is unpreserved for appellate review and we decline to review it in the interest of justice. Were we to review it, we would find that there was ample basis upon which to conclude that the vehicle was valued in excess of $1,000 at the time defendant possessed it (see, People v. Reyes, 161 A.D.2d 273, lv denied 76 N.Y.2d 863; People v. Rivera, 114 A.D.2d 305, 306).
The totality of the record establishes that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714). Since there was no request to charge fifth-degree possession as a lesser included offense, "the court's failure to submit such offense does not constitute error" (CPL 300.50).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.