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PEOPLE v. McMILLAN

6327, 5935/07.

90 A.D.3d 499 (2011)

934 N.Y.S.2d 153

2011 NY Slip Op 8992

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN McMILLAN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 13, 2011.

Defendant's legal sufficiency argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). Defendant challenges the evidence establishing that a stolen item was a credit card as defined by law...

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