Opinion
February 2, 1996
Appeal from the Monroe County Court, Marks, J.
Present — Green, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of burglary in the third degree is against the weight of the evidence because the People failed to establish that he knowingly entered the gas station unlawfully or that he entered with the contemporaneous intent to commit a crime therein (see, People v. Graves, 76 N.Y.2d 16; People v. Gaines, 74 N.Y.2d 358, 362). We disagree. The jury, faced with conflicting testimony, resolved the issue of credibility and rejected defendant's claim (see, People v. Christian [appeal No. 1], 139 A.D.2d 896, lv denied 71 N.Y.2d 1024). Upon weighing the relative probative force of the conflicting testimony, we conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The sentence imposed is neither unduly harsh nor severe (see, CPL 470.15 [b]).