Opinion
August 11, 1986
Appeal from the Supreme Court, Kings County (Grajales, J.).
Judgment affirmed.
Viewing the evidence in the light most favorable to the People, as we must (see, People v Benzinger, 36 N.Y.2d 29), the defendant's guilt was proven beyond a reasonable doubt. One of the complaining witnesses testified that the defendant and his accomplice forced their way into an elderly woman's apartment and that the defendant then demanded money from him at gunpoint and physically attacked him, while his cohort held the elderly woman at knifepoint.
Moreover, even if the record did establish, as the defendant contends it does, that he and his accomplice gained entry to the woman's apartment through misrepresentation, his burglary convictions would nevertheless be affirmed (see, People v Thompson, 116 A.D.2d 377; People v Hutchinson, 124 Misc.2d 487; People v Ludlowe, 117 Misc.2d 567). Gibbons, J.P., Bracken, Niehoff and Kunzeman, JJ., concur.