Opinion
November 19, 1993
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Callahan, J.P., Green, Fallon, Boomer and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's conviction of burglary in the second degree is supported by legally sufficient evidence. Defendant's recent and exclusive possession of the property that constituted the fruits of the burglary, and the absence of credible evidence that the crime was committed by someone else, justified the inference that defendant committed the burglary (see, People v Baskerville, 60 N.Y.2d 374, 382-383; Knickerbocker v People, 43 N.Y. 177; People v Costello, 162 A.D.2d 276, lv denied 76 N.Y.2d 854; People v Alvarez, 116 A.D.2d 725, 726, lv denied 67 N.Y.2d 880). The fact finder reasonably could have found that the explanation given by defendant, that he acquired the stolen property after the burglary, was false and not worthy of belief (see, People v Alvarez, supra, at 726; People v Thornton, 104 A.D.2d 426).
Finally, we conclude that the sentence was neither harsh nor excessive.