Opinion
Submitted April 28, 2000.
June 12, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered November 21, 1997, convicting him of murder in the second degree (two counts), robbery in the first degree, and burglary in the first degree, upon a jury verdict, and imposing sentence.
Arza Rayches Feldman, Roslyn, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel, John M. Castellano, and Linda Cantoni of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the burglary conviction was not supported by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05). 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 prosecution produced sufficient evidence from which a rational jury could infer that the defendant unlawfully remained in the victim's house (see, People v. Burnett, 205 A.D.2d 792).
The defendant's remaining contention is without merit.