Opinion
June 22, 1990
Appeal from the Erie County Court, Drury, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's argument that the evidence of intent is insufficient to support his conviction for burglary in the second degree. Defendant's intent to commit larceny can be inferred from the circumstances of the entry (see, People v. Woodard, 148 A.D.2d 997, 998, lv denied 74 N.Y.2d 749; People v. Caraballo, 138 A.D.2d 725, 726, lv denied 71 N.Y.2d 1024). We further conclude that the sentence is not harsh and excessive.