Opinion
Argued May 12, 2000.
July 26, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered July 15, 1997, convicting him of burglary in the second degree and criminal contempt in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Susan Epstein and Kristina Schwarz of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to prove that he entered the premises with the intent to commit the crime of criminal contempt therein is unpreserved for appellate review (see, CPL 470.05; People v. Hodges, 257 A.D.2d 630; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).