Opinion
Argued October 9, 2001.
November 5, 2001.
Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered May 27, 1999, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Steven R. Bernhard of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that the evidence was legally insufficient to sustain the verdict because "the only basis for concluding that [he] was the perpetrator of this burglary * * * was the two fingerprints found on the VCR which was discarded by the burglar while being chased by Mr. Schwanneman". Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Murray, 168 A.D.2d 572, 573; see, also, People v. Jones, 245 A.D.2d 465; People v. Sital, 220 A.D.2d 784, 785; People v. Minore, 110 A.D.2d 661; People v. Sparacino, 150 A.D.2d 814; People v. Vasquez, 131 A.D.2d 523; People v. Talley, 110 A.D.2d 792, 793; People v. Pena, 99 A.D.2d 846, 846-847; People v. Bullard, 59 A.D.2d 786, 786-787). 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).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85).
The defendant's remaining contentions are without merit.
BRACKEN, P.J., McGINITY, LUCIANO and FEUERSTEIN, JJ., concur.