Opinion
Submitted February 14, 2000
March 30, 2000
Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered October 31, 1997, convicting him of attempted burglary in the second degree, upon a jury verdict, and imposing sentence.
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 of attempted burglary in the second degree (see, Penal Law § 110.00, 140.25 Penal[2]) beyond a reasonable doubt (see, People v. Mitteager, 44 N.Y.2d 927 ; People v. Van Etten, 162 A.D.2d 976 ; People v. Crawford, 159 A.D.2d 583 ). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]).
The trial court properly refused to charge criminal trespass in the third degree as a lesser-included offense of attempted burglary in the second degree, since there is no reasonable view of the evidence that could lead to the conclusion that the defendant attempted unlawful entry into the premises for an innocent, rather than a criminal, purpose (see, People v. Rohena, 183 A.D.2d 859 ).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
BRACKEN, J.P., O'BRIEN, SULLIVAN, and LUCIANO, JJ., concur.