Opinion
November 16, 1990
Appeal from the Monroe County Court, Wisner, J.
Present — Dillon, P.J., Doerr, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of burglary in the third degree and petit larceny, defendant argues that there was no direct proof of guilt and that the circumstantial proof was legally insufficient. Viewing the evidence in the light most favorable to the People (People v. Kennedy, 47 N.Y.2d 196, 203, rearg dismissed 48 N.Y.2d 635) and giving the People the benefit of every reasonable inference to be drawn from the evidence (People v. Lewis, 64 N.Y.2d 1111, 1112), we find that the circumstantial evidence was legally sufficient to form the basis for accomplice liability (cf., People v. Burke, 126 A.D.2d 938).