Opinion
2001-03028
Submitted March 27, 2003.
April 14, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered March 8, 2001, convicting her of burglary in the second degree, after a nonjury trial, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant entered the complainant's dwelling with intent to commit a crime therein. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80; see also People v. Delgado, 80 N.Y.2d 780).
FLORIO, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.