Opinion
August 15, 1988
Appeal from the County Court, Suffolk County (Seidell, J.).
Ordered that the judgment is affirmed.
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 the defendant's guilt beyond a reasonable doubt. The evidence at the trial discloses that the defendant was discovered by the police crouched behind a car in a garage which was connected to, and was structurally and functionally part of, the dwelling house (Penal Law § 140.00; § 140.25; People v Stevenson, 116 A.D.2d 756, lv denied 67 N.Y.2d 890; People v Green, 141 A.D.2d 760). Among the items in his possession were an Igloo ice cooler, power tools and a flashlight. The defendant's car was parked two blocks from the house which he unlawfully entered. The defendant's conduct and the circumstances in which he was found were sufficient to establish that his intention was to commit a crime on the premises (People v Mackey, 49 N.Y.2d 274; People v Barnes, 50 N.Y.2d 375).
We have examined the defendant's remaining contentions and find them to be without merit. Mollen, P.J., Mangano, Kunzeman and Weinstein, JJ., concur.