People v. Burwell — 237 A.D.2d 526

Majority

p. 526

The People of the State of New York, Respondent, v Clarence Burwell, Appellant.

[656 NYS2d 901]

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered July 28, 1995, convicting him of burglary in the second degree and petit larceny, after a non-jury trial, and imposing sentence. .

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

We find the defendant’s remaining contention to be unpreserved for appellate review and without merit. Miller, J. P., Ritter, Thompson and Krausman, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 526