Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree as a result of his having been discovered in a Buffalo department store after it had closed. Defendant testified that he had remained innocently in the store because he had suffered an epileptic seizure in a men's room, but the People's evidence showed that defendant was found hiding in a storage room in possession of items taken from the desk of a store employee. The verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). We have examined defendant's other contention, and we find it to be without merit.