People v. Christian
| Decision Date | 08 April 1988 |
| Citation | 139 A.D.2d 896,527 N.Y.S.2d 1019 |
| Parties | PEOPLE of the State of New York, Respondent, v. Timothy CHRISTIAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth, Syracuse, for appellant.
Robert Wildridge by Anthony Gigliotti, Syracuse, for respondent.
Before DOERR, J.P., and DENMAN, BOOMER, GREEN and LAWTON, JJ.
Defendant's primary contention on appeal is that the testimony of the complaining witness was incredible as a matter of law. Testimony will be rejected as incredible as a matter of law when it is ( People v. Shedrick, 104 A.D.2d 263, 274, 482 N.Y.S.2d 939, affd. 66 N.Y.2d 1015, 499 N.Y.S.2d 388, 489 N.E.2d 1290, rearg. denied 67 N.Y.2d 758, 500 N.Y.S.2d 1028, 490 N.E.2d 1234). Here, the essential aspects of the testimony of the complaining witness were corroborated by the testimony of the police who arrived at the scene as the burglary was in progress and by photographs of the scene which were admitted into evidence. The issue thus was essentially one of credibility which the court, in this bench trial, determined adversely to defendant. We find no basis to disturb the court's determination on credibility and find that the evidence, viewed in the light most favorable to the People, supports defendant's conviction for burglary in the first degree.
In view of defendant's extensive record and his conviction here of a class B violent felony, the sentence of an indeterminate term of 6 to 12 years was not excessive.
Judgment unanimously affirmed.
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