Opinion
KA 99-05239
February 7, 2003.
Appeal from a judgment of Monroe County Court (Marks, J.), entered December 16, 1998, convicting defendant after a jury trial of, inter alia, burglary in the third degree.
MARK D. FUNK, ROCHESTER, For Defendant-appellant.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), For Plaintiff-respondent.
PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant made only a general motion to dismiss at the close of the People's case and thus failed to preserve for our review his contention that his conviction of burglary in the third degree (Penal Law § 140.20) and petit larceny (§ 155.25) is not supported by legally sufficient evidence (see People v. Finger, 95 N.Y.2d 894, 895; People v. Gray, 86 N.Y.2d 10, 19; People v. Smith, 275 A.D.2d 1017). In any event, that contention lacks merit. There is a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion that defendant knowingly entered the homeowners' garage unlawfully and stole property (see People v. Prober, 298 A.D.2d 966; People v. Bills, 278 A.D.2d 836, 836-837, lv denied 96 N.Y.2d 780; see generally People v. Bleakley, 69 N.Y.2d 490, 495).