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People v. Marshall

269 A.D.2d 818 Court N.Y. App. Div. Decision date 2000-02-16 English

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p. 818
The People of the State of New York, Respondent, v Conrad A. Marshall, Appellant.
[703 NYS2d 426]

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a bench trial of grand larceny in the third degree (Penal Law § 155.35) and criminal possession of stolen property in the third degree (Penal Law § 165.50). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), is legally sufficient to establish defendant’s guilt beyond a reasonable doubt (see, People v Bleakley, 69 NY2d 490 , 495). The testimony of defendant that conflicted with that of the People’s witnesses presented an issue of credibility for County Court, whose determination is entitled to great deference (see, People v Van Akin, 197 AD2d 845 ; People v Davis, 191 AD2d 705 , 706). (Appeal from Judgment of Monroe County Court, Marks, J.— Grand Larceny, 3rd Degree.) Present — Green, A. P. J., Hurl-butt, Scudder and Lawton, JJ.

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