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People v. Pittman

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1986
125 A.D.2d 342 (N.Y. App. Div. 1986)

Opinion

December 1, 1986

Appeal from the Supreme Court, Kings County (Bourgeois, J.).


Ordered that the judgment, as amended, is affirmed.

The evidence adduced at trial was sufficient to permit a rational trier of fact to find that the defendant was guilty, as charged, of burglary in the second degree (see, Penal Law § 140.25), criminal possession of stolen property in the third degree (see, Penal Law § 165.40) and petit larceny (see, Penal Law § 155.25; People v. Contes, 60 N.Y.2d 620, 621). The issue of the witnesses' credibility and the weight to be afforded any inconsistency in their testimony was within the province of the jury (see, People v. Di Girolamo, 108 A.D.2d 755; People v Rosenfeld, 93 A.D.2d 872). The defendant's knowing, recent and exclusive possession of the fruits of the crime allowed the jury to infer that the defendant had committed the burglary (see, People v. Galbo, 218 N.Y. 283, 290; Knickerbocker v. People, 43 N.Y. 177; People v. Donaldson, 107 A.D.2d 758, 759).

We find the defendant's remaining contentions to be either unpreserved for appellate review or without merit. Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Pittman

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1986
125 A.D.2d 342 (N.Y. App. Div. 1986)
Case details for

People v. Pittman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN PITTMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1986

Citations

125 A.D.2d 342 (N.Y. App. Div. 1986)

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