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People v. Pedroso

NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT


January 19, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
ADALBERTO PEDROSO, APPELLANT.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J), rendered September 28, 2007, convicting him of criminal possession of stolen property in the third degree, criminal possession of stolen property in the fifth degree, unlawful fleeing a police officer in a motor vehicle in the third degree, and reckless driving in violation of Vehicle and Traffic Law § 1212, after a non-jury trial, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., HOWARD MILLER, RANDALL T. ENG and L. PRISCILLA HALL, JJ.

(Ind. No. 07-00014)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's convictions arise out of his possession of a stolen trailer and its contents, and his reckless driving and failure to stop the vehicle when so directed by the police.

The defendant's contention that there was legally insufficient evidence to establish, beyond a reasonable doubt, that he knowingly possessed stolen property, as required to prove criminal possession of stolen property in the third and fifth degrees (see Penal Law §§ 165.40, 165.50), or that he committed unlawful fleeing a police officer and reckless driving, is unpreserved for appellate review (see People v Hawkins, 11 NY3d 484, 492). In any event, viewing the evidence in the light most favorable to the People (see People v Cabey, 85 NY2d 417, 420), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Danielson, 9 NY3d 342; People v Romero, 7 NY3d 633; People v Hart, 26 AD3d 836). The evidence that the defendant was observed in exclusive possession of the stolen property, failed to stop when directed to do so by the police, and then failed to decelerate before passing a stationary police roadblock, was sufficient to establish the requisite culpable mental state (see People v Cintron, 95 NY2d 329, 332), and the elements of unlawful fleeing of a police officer in a motor vehicle in the third degree (see Penal Law § 270.25) and reckless driving (see Vehicle and Traffic Law § 1212).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 86).

The defendant's remaining contention is without merit.

FISHER, J.P., MILLER, ENG and HALL, JJ., concur.

20100119

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