Opinion
June 25, 1998
Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence, including the circumstances of the entry and defendant's flight from the police, from which the jury could infer that defendant entered his neighbor's apartment with the intent to commit a crime therein, while rejecting the implausible explanation suggested by the testimony of the defense witness (see, People v. Barnes, 50 N.Y.2d 375).
Since defendant received the minimum sentence authorized by law, his request for discretionary review of his sentence is meritless (CPL 470.20).
Concur — Milonas, J. P., Ellerin, Nardelli, Rubin and Andrias, JJ.