Opinion
3560.
Decided May 6, 2004.
Judgment, Supreme Court, New York County (Herbert I. Altman, J.), rendered February 5, 2003, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5½ years, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Willa Concannon of counsel), for respondent.
Before: Nardelli, J.P., Saxe, Williams, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. In addition to defendant's recent, exclusive and unexplained possession of the proceeds of a burglary ( see People v. Galbo, 218 N.Y. 283, 290), there was testimony that defendant matched the description of a man who left the burglarized building and headed toward the nearby location where, only a few minutes later, the police stopped defendant.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.