Opinion
January 26, 1995
Appeal from the Supreme Court, Bronx County (Richard Price, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt was proven beyond a reasonable doubt by legally sufficient evidence and the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). The evidence relating to defendant's claim that he did not intend to burglarize the subject premises and was under the delusion that a relative lived there was properly placed before the jury, and we find no reason to disturb its determination.
Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.