Opinion
February 2, 1990
Appeal from the Erie County Court, D'Amico, J.
Present — Callahan, J.P., Boomer, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a bench trial, of burglary in the third degree for illegally entering a locked basement storage room with the intent to steal some tools. He contends that the proof was legally insufficient and that his sentence was harsh and excessive. There is no merit to either contention. There was testimony from which the trier of fact could find that defendant had no lawful right to be present in the utility room, that he entered the utility room with the intent to steal tools, and that his intoxication was insufficient to negate the requisite intent (see, People v Bleakley, 69 N.Y.2d 490, 495; People v Scott, 111 A.D.2d 45, 46).