Opinion
2000-11719
Argued May 16, 2002.
June 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered December 7, 2000, convicting him of burglary in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Helen M. Polyzos of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., NANCY E. SMITH, WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, JJ.
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. In this case, the jury could find, based on the evidence before it, that the defendant was not licensed to remain in the complainant's apartment (see People v. Gaines, 74 N.Y.2d 358; People v. Powell, 58 N.Y.2d 1009, 1010; People v. Licata, 28 N.Y.2d 113; see also People v. Konikov, 160 A.D.2d 146). Moreover, while some of the prosecutor's remarks during summation may have been improper, any error was harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230; People v. Sanders, 280 A.D.2d 560).
PRUDENTI, P.J., SMITH, FRIEDMANN and TOWNES, JJ., concur.