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The People of the State of New York, Respondent, v. Trena Sullivan, Appellant

New York Supreme Court, Appellate Division2003-04-14
304 A.D.2d 678757 N.Y.S.2d 492

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Opinion

majority opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered March 8, 2001, convicting her of burglary in the second degree, after a nonjury 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 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant entered the complainant’s dwelling with intent to commit a crime therein. 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]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]; see also People v Delgado, 80 NY2d 780 [1992]). Florio, J.P., S. Miller, Goldstein and Adams, JJ., concur.