People v. Quinones

302 A.D.2d 210, 753 N.Y.S.2d 375, 2003 N.Y. App. Div. LEXIS 829

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 4, 2003
• Status: Published

Opinion

Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered August 10, 2000, convicting defendant, after a non-jury trial, of criminal possession of stolen property in the fourth degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of IV2 to 3 years and six months, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). The explanation, offered in defendant’s statement to the arresting officer, for his possession of the stolen car, was patently incredible and the court properly rejected it. Concur — Nardelli, J.P., Andrias, Buckley, Rosenberger and Friedman, JJ.