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94 N.Y.2d 928

People v. Foley

New York Court of Appeals

Decided April 4, 2000

New York Court of Appeals · decided 2000-04-04

Decided 2000-04-04

¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed.

¶4Viewed in the light most favorable to the People, the evidence was legally sufficient to establish, beyond a reasonable doubt, the elements of burglary in the second degree, including that defendant had the contemporaneous intent to commit a crime when she entered the apartment. Defendant’s remaining arguments are unpreserved.

¶5Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

¶6Order affirmed in a memorandum.

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