People v. Baron

126 A.D.3d 992, 3 N.Y.S.3d 626

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 25, 2015
• Docket: 2012-10079
• Status: Published

Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered June 21, 2012, convicting him of burglary in the second degree, petit larceny, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his guilt was not established beyond a reasonable doubt. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Wright, 129 AD2d 600 [1987]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Balkin, J.P., Hall, Miller and Duffy, JJ., concur.