Opinion
March 2, 1998
Appeal from the County Court, Nassau County (DeRiggi, J.).
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 burglary in the second degree beyond a reasonable doubt. There was sufficient evidence for the jury to conclude that the garage, which was attached to the complainant's residence and which the defendant entered and took gardening tools from, was a dwelling within the meaning of Penal Law § 140.25 (2) (see, Penal Law § 140.00, [3]; People v. Santana, 143 A.D.2d 207; People v. Green, 141 A.D.2d 760; People v. Stevenson, 116 A.D.2d 756).
The defendant's contention that the jury charge was improper is unpreserved for appellate review (CPL 470.05), and, in any event, without merit.
Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.