Opinion
March 10, 1980
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 1, 1978, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Upon reviewing the record, we have reached the conclusion that the evidence of defendant's guilt was sufficient to sustain his conviction of burglary in the third degree (see People v. Castillo, 47 N.Y.2d 270; People v. Terry, 43 A.D.2d 875; see, also, People v. Mackey, 49 N.Y.2d 274; cf. People v. Torres, 56 A.D.2d 640). In addition, although we are cognizant of the holding in Sandstrom v. Montana ( 442 U.S. 510), it is our belief that any error which may have been committed by the trial court during its charge to the jury on presumed intent was harmless beyond a reasonable doubt (see People v. Fournier, 70 A.D.2d 491; see, also, People v. Reyes, 71 A.D.2d 1034; cf. People v. Thomas, 71 A.D.2d 280). We have considered defendant's remaining contentions and find them to be without merit. Titone, J.P., Gulotta, Margett and O'Connor, JJ., concur.