People v. Braction

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered September 21, 2004. The judgment convicted defendant, after a nonjury trial, of burglary in the second degree and criminal possession of stolen property in the fifth degree.

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, after a nonjury trial, of burglary in the second degree (Penal Law § 140.25 [2]) and criminal possession of stolen property in the fifth degree (§ 165.40). Defendant waived his…