People v. Badji

• Decision Date: 09 April 2019
• Docket Number: 8942,Ind. 2641/15
• Citation: People v. Badji, 171 A.D.3d 499, 95 N.Y.S.3d 808(Mem) (N.Y. App. Div. 2019)
• Court: New York Supreme Court — Appellate Division
• Parties: The PEOPLE of the State of New York, Respondent, v. Frederic BADJI, Defendant–Appellant.

171 A.D.3d 499

95 N.Y.S.3d 808 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Frederic BADJI, Defendant–Appellant.

8942

Ind. 2641/15

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

ENTERED: APRIL 9, 2019

Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Karen Schlossberg of counsel), for respondent.

Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.

Judgment, Supreme Court, New York County (Anthony J. Ferrara, J.), rendered April 1, 2016, convicting defendant, after a jury trial, of attempted grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and three counts of grand larceny in the fourth degree, and sentencing him to an aggregate term of six months, with 4 ½ years' probation, unanimously affirmed.

Regarding defendant's unauthorized use of the victim's Uber account, defendant failed to preserve his challenges to evidence of the victim's communications with the Uber driver regarding defendant's identity, and we decline to review them in the interest of justice.As an alternative holding, we find these arguments unavailing, except that to the extent the victim testified that the driver confirmed that he recognized defendant's photo, that testimony was inadmissible hearsay.The error, however was harmless in light of the overwhelming evidence of defendant's guilt (seePeople v. Crimmins , 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787[1975]...