People v. Stokes

Defendant challenges the sufficiency of the evidence supporting two counts relating to stolen gift cards. Since he failed to alert the trial court to his specific claim that, to qualify as a debit card for purposes of Penal Law § 165.45 (2), the card must be issued to a particular person who has a business relationship, such as a bank account, with the card’s issuer, that claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. A debit card is defined in General Business Law § 511 (9), which also defines the term…