Opinion
July 13, 1990
Appeal from the Supreme Court, Erie County, Flynn, J.
Present — Callahan, J.P., Denman, Green, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's conviction of burglary in the second degree (see, Penal Law § 140.25) was supported by legally sufficient evidence (see, People v. Bleakley, 69 N.Y.2d 490). Defendant's claim that he had a license or privilege to be in complainant's apartment is without merit. There was no evidence that defendant had permission to be in complainant's apartment at the time the crime was committed. Further, we find that defendant's counsel, although inexperienced, provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 146-147). Finally, the sentence imposed was neither harsh nor excessive (see, People v. Farrar, 52 N.Y.2d 302).