966 April 29, 2003. Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered November 19, 2001, convicting defendant, after a jury trial, of unauthorized use of a vehicle in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed. Zachary H. Johnson, for respondent. Jody Ratner, for defendant-appellant. Before: Nardelli, J.P., Andrias, Sullivan, Rosenberger, Wallach, JJ. The verdict was not against the weight of the evidence
Argued May 8, 1883 Decided June 5, 1883 James M. Lyddy for appellant. D.J. Dean for respondent. RAPALLO, J. The alleged employment by the sheriff, pursuant to chapter 480 of the Laws of 1860, of Scanlon, the plaintiff's assignor, to publish the election notice in the newspaper entitled " The Irish Republic," lay at the foundation of the plaintiff's supposed cause of action. The fact of such employment was put in issue by the answer. The plaintiff was the only witness called to prove it, and he testified