People v. Dix

110 A.D.2d 905, 488 N.Y.S.2d 454, 1985 N.Y. App. Div. LEXIS 48810

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 29, 1985
• Status: Published

Opinion

Although much of the evidence was circumstantial, it was sufficient to establish beyond a reasonable doubt that defendant, on two separate occasions, knowingly possessed stolen property. Therefore, the verdict must stand (People v Kennedy, 47 NY2d 196, 204). Defendant’s contention that the sentence was unduly harsh and excessive must be rejected since, as a second felony offender, he received the minimum sentence available under the law (see, Penal Law §§ 70.06, 165.50). Titone, J. P., Thompson, Niehoff and Rubin, JJ., concur.