Opinion
July 12, 1991
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Doerr, J.P., Green, Pine, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: The verdict, following a nonjury trial, convicting defendant of second degree burglary is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The People established that defendant broke into the complainant's apartment, brandished a knife, threatened to kill her and attempted to escape when the police arrived. Defendant's intent to commit a crime at the time of his entry (see, People v Gaines, 74 N.Y.2d 358) can be inferred from the surrounding circumstances (see, People v Middleton, 140 A.D.2d 550, lv denied 72 N.Y.2d 959; People v Bull, 136 A.D.2d 929, lv denied 71 N.Y.2d 966; People v Johnson, 115 A.D.2d 136, lv denied 67 N.Y.2d 762).