
    The People of the State of New York, Respondent, v Irving Newman, Appellant.
    Supreme Court, Appellate Term, First Department,
    January 26, 1976
    
      Ira J. Raab, David Levine and Jeffrey Samuels for appellant. Robert M. Morgenthau, District Attorney (Robert M. Pitler and Sharon Lynch Norton of counsel), for respondent.
   Per Curiam.

In this nonjury case defendant has been found guilty of petit larceny (Penal Law, § 155.25). Assuming, arguendo, that the testimony did not establish defendant’s intent to obtain property by false promise to "a moral certainty” (Penal Law, § 155.05, subd 2, par [d]), there is ample evidence in the record to establish defendant’s larcenous intent to withhold property from its owner, as defined in section 155.00 and subdivision 1 of section 155.05 of the Penal Law, beyond a reasonable doubt.

Defendant’s failure to move to suppress alleged involuntary admissions received into evidence, either before or during the course of the trial, precludes consideration of this issue on appeal (CPL 710.20, 710.30, 710.60, 710.70; People v Weaver, 38 AD2d 617).

We have examined the remaining contentions raised by the defendant and find them to be without merit.

Judgment of conviction rendered February 28, 1975 affirmed.

Concur: Markowitz, P. J., Tierney and Riccobono, JJ.  