Majority
p. 905The People of the State of New York, Respondent, v Raphael Dix, Appellant.
p. 906
Although much of the evidence was circumstantial, it was sufficient to establish beyond a reasonable doubt that defendant, on two separate occasions, knowingly possessed stolen property. Therefore, the verdict must stand (People v Kennedy, 47 NY2d 196 , 204). Defendant’s contention that the sentence was unduly harsh and excessive must be rejected since, as a second felony offender, he received the minimum sentence available under the law (see, Penal Law §§ 70.06, 165.50). Titone, J. P., Thompson, Niehoff and Rubin, JJ., concur.
Cases cited
- People v. Kennedy 47 NY2d 196 at 204 p. 906