Dеfendant was convicted of larceny in a building, MCL 750.360; MSA 28.592, and was sentenced to one year of probation and assessed a $100 fine, $500 in court costs and $399 in restitution.
Defendant’s conviction stems from an incident which took place at a Best Products store in Pittsfield Township. Defendant and her son, Randall, were looking at men’s rings. Amidst some confusion, one of four rings defendant and her son looked at disappeared. Defendant, her son, and the clerk, Elizabeth Wallgren, proceeded to look for the ring, but to no avail. The defendant left her name and phone number with the store manager.
After the defendant had departed, a customer, *781 Victor Van Houghtеgen, who had also been at the jewelry counter, approached a second sales clerk, Teresa Bogos, and told her that he had seen defendant put the ring in one of her gloves. He stated that, while searching for the ring, defendant never let go of her gloves and no one asked to check the gloves. This account was corroborated by the two sales clerks who stated that defendant never shoоk her gloves and, when defendant picked them up, she picked them up by the cuffs.
Defеndant raises two issues on appeal, neither of which merit reversal. The first is that therе was insufficient evidence of an actual or constructive taking of the ring and asportation with a felonious intent to support defendant’s conviction. We disagree.
When reviewing whether sufficient evidence was presented to support a conviction, this Court views the evidence in a light most favorable to the prosecution аnd determines whether a rational trier of fact could have found that the essentiаl elements of the crime were proven beyond a reasonable doubt.
People v Frank Johnson,
The elements of larceny in a building are: (1) an actual or constructive taking, (2) an aspоrtation, (3) with a felonious intent, (4) of someone else’s property, (5) without that person’s consent, (6) in a building.
People v Cavanaugh,
Defendant’s argument is without merit. In
Freeman v Meijer, Inc,
In the instant case, Victor Van Houghtegen testified that he saw defendant conceal the ring in her glove when Wallgren’s back was turned. Although his description of the ring was inaccurate, the ring he saw was probably the missing ring. Teresa Bogos testified that although defendant emptied her purse she never shook her gloves, and when she picked them up, she picked thеm up by the cuffs.
Elizabeth Wallgren also testified that defendant never shook her gloves. Defendant took her gloves with her when she left the jewelry counter. When the evidence that was presented is viewed in a light most favorable to the prosecution, it is clearly sufficient to establish an actual or constructive taking of the ring, asportation, and carrying away with felonious intent. Frank Johnson, Freeman, supra.
Defendant also argues that the jury instructions regarding the intent necessary to convict defendant of larceny in a building were insufficient. This issue too lacks merit. First, defendant’s failure to object to the jury instructions precludes appellate review absent a miscarriage of justice.
People v Federico,
In the instant case, defendant claims that the trial court did not mention thаt the taking of the ring must have been done with felonious intent. That claim is incorrect. The сourt first instructed the jury as to the elements of larceny in a building. Immediately after outlining the elements, the court instructed the jury that "the crime charged in this case requires proоf of specific intent before the defendant can be convicted .... In this case she must have acted with the desire or knowledge that a larceny would occur. Such intent may be proven by the things defendant said or did, the way she did them, or any other facts or circumstances in this case.” Therefore, as noted by the people in their brief, defendant’s act of concealment proved both the elements of asportation and carrying away with criminal intent. The jury instructions were proper.
Affirmed.