Opinion
65
January 29, 2002.
Judgment, Supreme Court, New York County (Michael Corriero, J.), entered June 29, 1999, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.
RICHARD NAHAS, for respondent.
JEFFREY I. RICHMAN, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Saxe, Ellerin, Marlow, JJ.
The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. Evidence establishing that defendant entered a youth center by taking advantage of the fact that workers propped open a door that normally was kept locked, requiring admittance by buzzer, and that while inside defendant stole a stereo, hid in a darkened meter room and falsely claimed to be part of the cleaning crew, warranted the inference that he entered the building with intent to steal and with knowledge that he had no license or privilege to enter (see, People v. Castillo, 47 N.Y.2d 270, 278; People v. White, 250 A.D.2d 500, lv denied 92 N.Y.2d 952).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.