Opinion
March 22, 1993
Appeal from the County Court, Suffolk County (D'Amaro, J.).
Ordered that the judgment is affirmed.
We find no merit to the defendant's contention that the prosecution failed to prove his guilt beyond a reasonable doubt. The evidence established that a skylight of the home that was burglarized was pried open and that a lawn chair was used to gain access to the skylight. The defendant's fingerprints were found on the lawn chair. Further, the defendant's fingerprints were found on a piece of molding that had been removed from around the back door of the home. There was no indication that the fingerprints were placed there innocently. Thus, the only explanation for the presence of the defendant's fingerprints under such circumstances was that he left the prints while burglarizing the home (see, People v. Vasquez, 131 A.D.2d 523). Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of the crimes charged. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Rosenblatt, Eiber and Miller, JJ., concur.