Opinion
November 17, 1992
Appeal from the Supreme Court, Bronx County (John P. Collins, J.).
Defendant's claim of insufficiency of evidence against him, on an acting-in-concert theory, regarding the element of burglary in the second degree requiring proof that defendant entered or remained illegally in the subject premises is meritless in the circumstances. Here, the People presented overwhelming evidence that defendant's accomplices gained admittance to the premises through the misrepresentation that they were police officers, thereby entering without license or privilege, i.e., unlawfully (see, People v Thompson, 116 A.D.2d 377, 380-381). Contrary to defendant's argument, evidence at trial indicated that the office premises in question were not open to the general public, but rather to invitees, business or otherwise, of the proprietor of the business, who testified that defendant's accomplices did not enter with his permission or authority (see, People v Johnson, 162 A.D.2d 267, 268, lv denied 76 N.Y.2d 894).
As the trial court's full jury charges on burden of proof and evaluation of credibility conveyed the appropriate legal standards, the court's comments to the effect that the jury was charged with determination of "truth" cannot reasonably be viewed as shifting or lightening the People's burden of proving defendant's guilt beyond a reasonable doubt (see, People v Flecha, 161 A.D.2d 116, lv denied 76 N.Y.2d 856).
We have reviewed defendant's additional claims of error and find them to be either unpreserved, or without merit.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.