Opinion
June 22, 1990
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of burglary in the second degree and petit larceny, defendant contends that the People did not disprove his alibi defense beyond a reasonable doubt. That contention is without merit. On this bench trial, the court had the opportunity to view defendant's alibi witnesses, hear their testimony and observe their demeanor (see, People v. Bleakley, 69 N.Y.2d 490, 495). The court stated that he did not find their testimony credible and nothing in the record would lead us to disturb that determination (see, People v. Sutton, 108 A.D.2d 942).