Opinion
November 2, 1987
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Ordered that the judgment is affirmed.
The evidence when viewed in a light most favorable to the People, was sufficient as a matter of law to support the defendant's conviction (see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt of burglary in the third degree beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). The propriety of the prosecutor's comments on summation have not been preserved for appellate review (see, People v. Medina, 53 N.Y.2d 951, 953) and, in any event, under the circumstances of this case, any error was harmless. Brown, J.P., Rubin, Kooper and Sullivan, JJ., concur.