People v. Perpepaj

Milonas, J. P.,

dissents in a Memorandum as follows: Defendant was found guilty of burglary in the second degree following a nonjury trial. In order to set aside that verdict as against the weight of the evidence, as the majority does, an appellate court must look beyond whether there is legally sufficient evidence to support that verdict and evaluate, as did the fact-finder, the weight to be accorded the credible evidence (People v Bleakley, 69 NY2d 490, 495). As noted by the majority, this analysis requires us to “weigh the relative probative force of conflicting testimony and the relative…