Opinion
June 5, 1992
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Denman, P.J., Boomer, Pine, Balio and Boehm, JJ.
Determination unanimously confirmed and petition dismissed. Memorandum: The Division of Parole sustained its burden of proving a violation of parole by a preponderance of the evidence. Evidence that petitioner was convicted of criminal trespass was sufficient to prove the charge that he unlawfully entered a building (see, People ex rel. Maggio v. Casscles, 28 N.Y.2d 415, 418; People ex rel. White v. Smith, 90 A.D.2d 973, 974), and possession of the screwdriver as a burglar tool was inferable from the circumstances.