People v. White

298 A.D.2d 317, 748 N.Y.S.2d 858, 2002 N.Y. App. Div. LEXIS 10380

Opinion

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered December 12, 2000, convicting defendant, after a nonjury trial, of burglary in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years and one year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence clearly established that defendant entered a restricted area of Grand Central Station with intent to commit larceny, and menaced a railroad employee. We have considered and rejected defendant’s remaining arguments. Concur — Williams, P.J., Rosenberger, Rubin, Friedman and Gonzalez, JJ.