Opinion
KA 02-01396.
July 9, 2004.
Appeal from a judgment of the Erie County Court (Joseph P. McCarthy, J.), rendered June 4, 2002. The judgment convicted defendant, after a nonjury trial, of unauthorized use of a vehicle in the second degree.
Present — Pigott, Jr., P.J., Gorski, Martoche, Lawton and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a nonjury trial of unauthorized use of a vehicle in the second degree (Penal Law § 165.06). The evidence presented at trial established that the vehicle at issue was driven without the owner's consent ( see Matter of Michael P., 165 AD2d 651, appeal dismissed 77 NY2d 834, lv denied 77 NY2d 808), and it cannot be said that the verdict is against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490, 495). Contrary to defendant's further contention, the sentence is not unduly harsh or severe.