Opinion
May 22, 1997
Appeal from Supreme Court, Bronx County (Elbert Hinkson, J.),
The verdict was not against the weight of the evidence. There was ample evidence that defendant exercised dominion and control over the stolen car, with knowledge that it was stolen, including evidence that defendant was in the driver's seat while another person stood near the trunk with the car keys, as well as evidence of defendant's evasive conduct and flight when confronted by the police. Moreover, there was ample evidence that defendant actually stole the car, and defendant's argument that the jury, by acquitting him of all theft-related charges, necessarily rejected such evidence, "calls for an impermissible invasion of the jury's deliberative processes" ( People v. Rivera, 201 A.D.2d 377, lv denied 83 N.Y.2d 875).
Concur — Sullivan, J.P., Milonas, Ellerin, Tom and Mazzarelli, JJ.