Opinion
KA 01-00830
June 14, 2002.
Appeal from a judgment of Supreme Court, Monroe County (Stander, J.), entered February 27, 2001, convicting defendant after a jury trial of burglary in the second degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence. The fingerprint evidence leads to "a conclusion of guilt beyond a reasonable doubt and excludes every reasonable hypothesis of innocence" ( People v. Hirsch, 280 A.D.2d 612, 613, lv denied 96 N.Y.2d 801, 940; see People v. Brown, 288 A.D.2d 233, lv denied 97 N.Y.2d 702; People v. Sparacino, 150 A.D.2d 814, lv denied 74 N.Y.2d 747). Also contrary to defendant's contention, the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is neither unduly harsh nor severe.