Majority
p. 1023The People of the State of New York, Respondent, v Richard McFadden, Appellant.
— Judgment unanimously affirmed. Memorandum: Based upon our review of the record made at the nonjury trial, we conclude that the court’s verdict is supported by the testimony of Nesbitt and Smith, which is legally sufficient (see, People v Bleakley, 69 NY2d 490 , 495). Further, the verdict was not against the weight of the evidence. (Appeal from Judgment of Monroe County Court, Maloy, J. — Burglary, 2nd Degree.) Present — Boomer, J. P., Pine, Lawton, Boehm and Fallon, JJ.
Cases cited
- People v. Bleakley 69 NY2d 490 at 495 p. 1023