Opinion
December 23, 1994
Appeal from the Niagara County Court, Hannigan, J.
Present — Green, J.P., Lawton, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of burglary in the second degree and attempted petit larceny, defendant contends that his conviction is not supported by legally sufficient evidence. We disagree. The evidence is legally sufficient to establish that defendant, who was not authorized to enter the apartment of the complainant, did so with the intent to commit a larceny therein (see, People v Barnes, 50 N.Y.2d 375, 379, n 3; People v Webber, 184 A.D.2d 540, 541, lv denied 80 N.Y.2d 935; People v Fraticelli, 172 A.D.2d 622, lv denied 77 N.Y.2d 995). Defendant's challenge to the testimony of the complainant presented an issue of credibility for resolution by the jury (see, People v Briggs, 190 A.D.2d 995, 996, lv denied 81 N.Y.2d 1011). "Credibility is best determined by the trier of fact who has the advantage of observing the witnesses and, necessarily, is in a superior position to judge veracity than an appellate court, which reviews but the printed record" (People v Shedrick, 104 A.D.2d 263, 274, affd 66 N.Y.2d 1015, rearg denied 67 N.Y.2d 758). We further conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).
Additionally, the contention of defendant that the trial court deprived him of his right to effective assistance of counsel by denying his request for the assignment of new counsel lacks merit. The record establishes that defendant did not renew his request for the assignment of new counsel following the reversal of his prior conviction (see, People v Murphy, 188 A.D.2d 1061). Lastly, we conclude that defendant received meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 146-147).