Opinion
July 16, 1993
Appeal from the Ontario County Court, Harvey, J.
Present — Green, J.P., Lawton, Fallon, Boomer and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), is sufficient to support defendant's conviction of unauthorized use of a motor vehicle in the second degree (Penal Law § 165.06) and criminal possession of stolen property in the fourth degree (Penal Law § 165.45). One of the passengers in the stolen automobile identified defendant as the driver and defendant was apprehended a short distance from the vehicle. Although the other passenger testified that another man was driving, credibility is a matter to be determined by the trier of the facts (see, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932) and the jury was in the best position to resolve the conflict in the testimony (see, People v Bleakley, 69 N.Y.2d 490, 495; People v. Gaskin, 186 A.D.2d 995).
We have examined defendant's remaining contentions and find them to be lacking in merit.