Opinion
July 13, 1990
Appeal from the Cayuga County Court, Corning, J.
Present — Callahan, J.P., Denman, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the People (see, CPL 290.10; People v. Contes, 60 N.Y.2d 620, 621; People v. Vasquez, 142 A.D.2d 698, 700, lv denied 72 N.Y.2d 1050), we find that it was legally sufficient to sustain defendant's convictions for attempted burglary in the second degree (see, People v. Middleton, 140 A.D.2d 550, lv denied 72 N.Y.2d 959; People v. Terry, 43 A.D.2d 875; see also, People v. Castillo, 47 N.Y.2d 270, 277-278; People v Bracey, 41 N.Y.2d 296, 300-302, rearg denied 41 N.Y.2d 1010). Defendant's contention that the court's charge on intent improperly shifted the burden of proof to him (see, Sandstrom v Montana, 442 U.S. 510) is not preserved for our review and lacks merit in any event because the court's language merely described a permissive inference (see, People v. Getch, 50 N.Y.2d 456, 463-464).