Opinion
Submitted February 1, 2000
March 17, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered June 12, 1997, convicting him of burglary in the second degree and criminal mischief in the fourth degree, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Steven R. Berko of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Ellen C. Abbot of counsel; Julie Trivedi on the brief), for respondent.
DAVID S. RITTER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Mere presence at the scene of a crime cannot render a person liable as an accessory for the underlying criminal conduct (see,People v. Cabey, 85 N.Y.2d 417, 421; cf., Matter of Carmelo N., 228 A.D.2d 682; Matter of John G., 118 A.D.2d 646). However, the evidence elicited at trial was sufficient to establish that the defendant was acting as a lookout for and accomplice of two other individuals who were seen entering the residence of the complaining witness (see, People v. Wooten, 214 A.D.2d 596; cf., Matter of Carmelo N., supra at 682). Thus, 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.
RITTER, J.P., SANTUCCI, THOMPSON, and McGINITY, JJ., concur.