Opinion
May 21, 1998
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.)
The evidence was legally sufficient to convict defendant of the burglary charge. There was ample evidence of defendants knowledge that he was in a nonpublic building, or portion thereof, including evidence that on a Saturday afternoon at 5:30 P.M., defendant entered a Federal Express warehouse building through the only opened truck entrance (which was clearly demarcated as an entrance for Federal Express vehicles), where the only people present nearby "were security personnel, and that defendant climbed onto a platform and proceeded to remove two packages from a conveyor belt ( People v. Watson, 221 A.D.2d 264, lv. denied 87 N.Y.2d 926; People v. Jenkins, 213 A.D.2d 279, lv. denied 85 N.Y.2d 974).
Concur — Sullivan, J.P., Ellerin, Williams, Mazzarelli and Andrias, JJ.