People v. Conese

Freschi, J.:

Aside from my own opinion and from what.my verdict would have been under the circumstances, I must adhere to the prin*458ciple that it is not the province of the appellate court to substitute its own judgment on the facts for that of the trial court unless the weight of evidence elearly preponderates and balances the scales of justice the other way. Mere difference of opinion regarding the weight of evidence is not sufficient to justify a reversal of a determination made by the trial court. (People ex rel. Garrett v. Ogden, 8 App. Div. 464, 467; Palmer v. Ward, 91 App. Div. 449, 455 ;…