Opinion
1307
June 5, 2003.
Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered March 23, 2001, convicting defendant, after a nonjury trial, of possession of burglar's tools and criminal possession of stolen property in the fifth degree, and sentencing him to consecutive terms of 1 year, unanimously affirmed.
David Rong, for respondent.
Robert Budner, for defendant-appellant.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the court's determinations concerning credibility. With respect to the burglar's tools conviction, the evidence warranted the inference that defendant possessed screwdrivers with the unlawful intent proscribed by Penal Law § 140.35 (see People v. Borrero, 26 N.Y.2d 430) . With respect to the criminal possession of stolen property conviction, the victim's testimony clearly established that her purse was stolen and not lost or misplaced. Furthermore, each of the charges was also supported by credible evidence establishing that defendant engaged in conduct unmistakably evincing a consciousness of guilt (see People v. Cintron, 95 N.Y.2d 329). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.