Opinion
Argued September 28, 2001.
October 22, 2001.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan J.), rendered May 1, 2000, convicting him of burglary in the first degree, upon a jury verdict, and imposing sentence.
Sall, Caltagirone Coleman, Poughkeepsie, N.Y. (David B. Sall of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
In June 1998, the complainant and the defendant, who had lived together since 1995, signed a "rental agreement" of unstated duration. Three months after vacating the rented house he shared with the complainant, the defendant returned one evening, shortly after midnight, kicked down the door, and entered the house while brandishing a machete-type knife.
Contrary to the defendant's contention, the trial court properly denied his request for a directed verdict. The defendant had no claim of lawful entry to the property, which he had abandoned three months earlier, based on the rental agreement (see, Ritz Entertainment Org. v. Unity Gallega of U.S., 166 A.D.2d 186, 187; cf., East Hampton Flight Servs. v. Town of E. Hampton, 262 A.D.2d 273). The complainant did not give him permission to enter, nor did the facts and circumstances provide the defendant with a reasonable basis to believe that he had a license or privilege to enter the premises (see, People v. Diaz, 173 A.D.2d 554; People v. Dela Cruz, 162 A.D.2d 312, 313; People v. Sandore, 148 A.D.2d 1000, 1001; People v. Bell, 131 A.D.2d 859, 861; cf., People v. McCargo, 226 A.D.2d 480, 481; People v. Insogna, 86 A.D.2d 979).
The trial court adequately instructed the jury as to the elements of burglary, including the requirement that the defendant entered the dwelling unlawfully (see, People v. Mensah, 198 A.D.2d 91; People v. Diaz, supra; People v. Dela Cruz, supra; People v. Sandore, supra). As the trial was not unduly long and did not involve complex factual and legal issues, the trial court did not err in failing to marshal the evidence (see, CPL 300.10; People v. Saunders, 64 N.Y.2d 665, 667; People v. Filardi, 203 A.D.2d 301; People v. Wilson, 210 A.D.2d 363, 364; People v. Patterson, 121 A.D.2d 406).
SANTUCCI, J.P., S. MILLER, FRIEDMANN and COZIER, JJ., concur.