Opinion
October 8, 1998
Appeal from the Supreme Court, New York County (Laura Drager, J.).
Viewing the evidence in the light most favorable to the People ( People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Defendant's intent to commit the burglary and his joint possession of a crowbar were established by testimony that he stood approximately five feet away, looking up and down the deserted street while his codefendant attempted to break into a restaurant with the crowbar, which was subsequently recovered a few feet away, that they consulted with one another several times during the course of the attempt, and that they both walked briskly away from the scene as the police approached ( see, People v. Wachowicz, 22 N.Y.2d 369; People v. Coulter, 240 A.D.2d 756, lv denied 91 N.Y.2d 871).
Concur — Sullivan, J. P., Rubin, Tom and Saxe, JJ.