Majority
p. 928[729 NE2d 1148, 708 NYS2d 349] The People of the State of New York, Respondent, v Terria Foley, Appellant. Argued February 24, 2000; decided April 4, 2000
APPEARANCES OF COUNSEL
John R. Lewis, Sleepy Hollow, for appellant.
p. 929
Francis D. Phillips, II, District Attorney of Orange County, Goshen {David R. Huey of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Viewed in the light most favorable to the People, the evidence was legally sufficient to establish, beyond a reasonable doubt, the elements of burglary in the second degree, including that defendant had the contemporaneous intent to commit a crime when she entered the apartment. Defendant’s remaining arguments are unpreserved.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order affirmed in a memorandum.