Opinion
104
February 4, 2003.
Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered August 10, 2000, convicting defendant, after a nonjury trial, of criminal possession of stolen property in the fourth degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 1½ to 3 years and 6 months, respectively, unanimously affirmed.
Nisha M. Desai, for respondent.
Steven R. Berko, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Buckley, Rosenberger, Friedman, JJ.
The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). The explanation, offered in defendant's statement to the arresting officer, for his possession of the stolen car, was patently incredible and the court properly rejected it.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.