Opinion
July 18, 1988
Appeal from the County Court, Nassau County (Capilli, 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 conclude that it was legally sufficient to sustain the defendant's conviction of burglary in the second degree (see, Penal Law § 140.25). The complainant testified that he returned to his mother's home at about midafternoon and "heard noises" and thereafter observed the defendant in a bedroom "crouching down". In addition, the complainant found drawers open or on the floor in both his mother's and brother's bedrooms. Despite the absence of evidence indicating a forcible entry, the jury could reasonably find that the defendant entered and remained unlawfully in the dwelling since he did not have a license or privilege to do so (see, Penal Law § 140.00). Moreover, the intent to commit a crime within the premises can be inferred from the circumstances of the unlawful entry (see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Mackey, 49 N.Y.2d 274, 280). Finally, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
We have reviewed the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Brown, Lawrence and Harwood, JJ., concur.