Opinion
May 17, 1994
Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).
Viewing the evidence in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish defendant's guilt of burglary in the second degree beyond a reasonable doubt. Defendant was discovered in the basement of a residential apartment building attempting to pry the doorknob from a door which led to a room containing paint supplies and other equipment. Moreover, police recovered paint supplies from defendant's pockets. Contrary to defendant's claim, the fact that the rest of the building in which the basement was located was occupied by tenants residing there at night established that the basement was part of a "dwelling" within the meaning of Penal Law § 140.00 (2), (3) (see, e.g., People v. Rohena, 186 A.D.2d 509, lv denied 81 N.Y.2d 794; People v. Green, 141 A.D.2d 760, lv denied 73 N.Y.2d 786; People v. Ivory, 99 A.D.2d 154, 156-157). Furthermore, the evidence that, inter alia, the front entrance to the building and the side entrance leading to the basement were locked was sufficient to establish that defendant's entry was unlawful (see, People v. Rodriguez, 159 A.D.2d 201, lv denied 76 N.Y.2d 742).
Concur — Murphy, P.J., Carro, Wallach, Asch and Tom, JJ.