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People v McCoy, 2020 NY Slip Op 00880 [180 AD3d 715]

February 5, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

William L. McCoy, Appellant.

Laurette D. Mulry, Riverhead, NY (Louis E. Mazzola of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Alfred J. Croce and Marion Tang of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (John J. Toomey, J.), rendered January 18, 2017, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the County Court failed to meaningfully respond to certain jury notes regarding the elements of grand larceny in the third degree is unpreserved for appellate review ( see CPL 470.15 [6] [a]; People v Mack , 27 NY3d 534 , 544 [2016]), and, in any event, without merit (see People v Williams , 150 AD3d 902 , 904 [2017]).

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes , 60 NY2d 620, 621 [1983]), 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 , 348 [2007]; People v Romero , 7 NY3d 633 [2006]).

The defendant’s remaining contention is without merit. Balkin, J.P., Hinds-Radix, Connolly and Iannacci, JJ., concur..