Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Clarence Burwell, Appellant

237 A.D.2d 526656 N.Y.S.2d 901·New York Supreme Court, Appellate Division·1997·NY

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Opinion

The People of the State of New York, Respondent, v Clarence Burwell, Appellant. [656 NYS2d 901] [MAJORITY] Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered July 28, 1995, convicting him of burglary in the second degree and petit larceny, after a non-jury trial, and imposing sentence. . Ordered that the judgment is affirmed. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. 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 [5]). We find the defendant’s remaining contention to be unpreserved for appellate review and without merit. Miller, J. P., Ritter, Thompson and Krausman, JJ., concur.