Opinion
2012-11-14
The PEOPLE, etc., respondent, v. Victor RAMOS, appellant.
Steven Banks, New York, N.Y. (Adrienne Hale of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and John F. McGoldrick of counsel), for respondent.
Steven Banks, New York, N.Y. (Adrienne Hale of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and John F. McGoldrick of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered January 12, 2010, convicting him of burglary in the third degree and criminal trespass in the second degree (two counts), upon a jury verdict, and imposing sentence.
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, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of burglary in the third degree beyond a reasonable doubt ( see People v. Rahim, 90 A.D.3d 1077, 934 N.Y.S.2d 847;People v. Ehikhamenor, 72 A.D.3d 700, 900 N.Y.S.2d 90). Moreover, upon the exercise of our factual review power ( seeCPL 470.15[5] ), we are satisfied that the verdict of guilt of burglary in the third degree was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The defendant's contention that he was deprived of a fair trial by the trial court's failure to issue a limiting instruction to the jury about evidence pertaining to a charge of criminal trespass in the second degree, which was dismissed at the close of the People's case, is unpreserved for appellate review ( see CPL 470.05[2]; People v. Ferraro, 49 A.D.3d 550, 552, 855 N.Y.S.2d 552). In any event, this contention is without merit.