People v. Benjamin
Opinion of the Court
—Judgment unani
Defendant’s conviction of criminal possession of stolen property in the fifth degree was not against the weight of the evidence. In our view, the evidence, including the defendant’s conflicting testimony concerning his receipt of the stolen goods, presented an issue of credibility that was reasonably resolved by the trial court and we see no reason to disturb that resolution (see, People v Bleakley, 69 NY2d 490, 495; see also, People v Aliotta, 176 AD2d 1198).
We do not find the sentence imposed by County Court to be either harsh or excessive. (Appeal from Judgment of Erie County Court, Rogowski, J. — Burglary, 2nd Degree.) Present— Denman, P. J., Green, Balio, Fallon and Boehm, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.