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People v. Foley

259 A.D.2d 629 Court N.Y. App. Div. Decision date 1999-03-15 English

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p. 629
The People of the State of New York, Respondent, v Terria Foley, Appellant.
[684 NYS2d 913]

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 21, 1997, convicting her of burglary in the second degree, upon a jury verdict, 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, beyond a reasonable doubt, the elements of burglary in the second degree, including that the defendant had the contemporaneous intent to commit a crime when she entered the apartment (see, People v Konikov, 160 AD2d 146 , 149).

p. 630
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. S. Miller, J. P., Florio, McGinity and Luciano, JJ., concur.

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