Opinion
September 20, 1994
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of burglary in the second degree. Moreover, we find that the verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). Defendant's claim that the showup identification of defendant was inherently suggestive is insufficient to warrant vacating the judgment as against the weight of the evidence and, in any event, is meritless since the identification took place shortly after commission of the crime (see, People v. Aquino, 202 A.D.2d 261).
Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.