708 N.Y.S.2d 349, 729 N.E.2d 1148
Court of Appeals of the State of New York.Argued February 24, 2000
Decided April 4, 2000.
John R. Lewis, for appellant.
Page 929
Francis D. Phillips, II, District Attorney of Orange County, Goshen (David R. Huey of counsel), for respondent.
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.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
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