Opinion
November 26, 1990
Appeal from the Supreme Court, Kings County (Deeley, J.).
Ordered that the judgment is affirmed.
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. The defendant was discovered by a tenant of an apartment building, in what had previously been a locked and secured basement, removing items from the tenant's storage area. The lock on the basement door had been broken off, and the defendant's explanation to the tenant for his presence in the basement was patently unbelievable. Under the circumstances, the jury could properly infer that the defendant's entry into the basement was unlawful (see, People v. Bates, 143 A.D.2d 481; People v. Bell, 131 A.D.2d 859; Matter of Ray D.R., 70 Misc.2d 184). 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). Harwood, J.P., Balletta, Miller and O'Brien, JJ., concur.