Opinion
June 16, 2000.
Appeal from Judgment of Erie County Court, McCarthy, J. — Attempted Burglary, 2nd Degree.
PRESENT: GREEN, J.P., HAYES, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted burglary in the second degree (Penal Law § 110.00, 140.25 Penal [2]), defendant contends that the verdict is against the weight of the evidence and that the sentence is unduly harsh or severe. The criminal intent of a burglar or attempted burglar may be inferred from the circumstances of the entry or attempted entry ( see, People v. Gaines, 74 N.Y.2d 358, 362, n 1; People v. Barnes, 50 N.Y.2d 375, 381; People v. Mackey, 49 N.Y.2d 274, 280). The People need not establish that defendant intended to commit any particular crime ( see, People v. Mahboudian, 74 N.Y.2d 174, 193; People v. Mackey, supra, at 278-279). Here, the evidence supports the inference that defendant had the intent to commit a crime inside the apartment, and the jury gave the evidence the weight it should be accorded ( see, People v. Bleakley, 69 N.Y.2d 490, 495; People v. Williams, 221 A.D.2d 673; People v. Mann, 216 A.D.2d 796, 798-799, lv denied 86 N.Y.2d 797; People v. Estrada, 173 A.D.2d 555, lv denied 78 N.Y.2d 954). The sentence imposed, a determinate term of incarceration of six years, is not unduly harsh or severe.