Opinion
278
February 25, 2003.
Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered October 30, 1998, as amended, January 23, 2002, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of 3½ to 7 years, unanimously affirmed.
Yong J. Lee, for respondent.
David Crow, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Rosenberger, Ellerin, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of defendant's conduct warranted the conclusion that when defendant entered a residential building, gained access to inhabited floors, and tried to enter individual apartments, he did so with the intent to commit a crime such as theft and was not seeking shelter (see People v. Castillo, 47 N.Y.2d 270; compare People v. Perpepaj, 249 A.D.2d 223).
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.