PEOPLE, res, v. KEVIN KING, def-ap

8667. PEOPLE, res, v. KEVIN KING, def-ap — Steven Banks, The Legal Aid Society, New York (Denise Fabiano of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Jared Wolkowitz of counsel), for res — Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered January 12, 2010, convicting defendant, after a jury trial, of criminal possession of stolen property in the fourth degree, and sentencing him to a term of 1 1/3 to 4 years, unanimously affirmed.

Contrary to defendant’s assertion, the trial court properly deemed that a “training receipt” was a business record, that a proper foundation for its admission was laid and that it was therefore admissible in evidence. Pursuant to CPLR 4518(a), made applicable to criminal proceedings pursuant to CPL 60.10, a document is admissible as a business record, if it is established that it was made in the ordinary course of a business, that it was the regular course of that business to make the record, and that the record was made contemporaneously with the event memorialized therein (People v. Cratsley, 86 NY2d 81, 89 [1995]). Here, a senior customer representative (representative) employed by the complainant, an electronics store, testified that a training receipt was created every time the complainant’s employees apprehended a shoplifter, that the purpose of the receipt was to ascertain and memorialize the property that was stolen, that it was the regular course of the complainant’s business to create such receipts, and that the receipts were created within minutes of a shoplifter’s apprehension. Based on the foregoing, the trial court properly admitted the training receipt in evidence and we find unavailing defendant’s assertion that preclusion of the training receipt was warranted on grounds that it was created solely for purposes of litigation (see People v. Foster, 27 NY2d 47, 52 [1970] ["Of course, records prepared solely for the purpose of litigation should be excluded. However, if there are other business reasons which require the records to be made, they should be admissible" (internal citations omitted)]).