People v. Boyd

210 A.D.2d 137, 621 N.Y.S.2d 851, 1994 N.Y. App. Div. LEXIS 12983

Opinion

—Judgment, Supreme Court, Bronx County (Joseph A. Cerbone, J.), rendered June 3, 1993, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent felony offender, to a term of 8 years to life, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), the evidence adduced at trial established that the defendant acted in concert with his brother in unlawfully using a duplicate key to enter the victim’s apartment, and attempting to remove property (see, People v Coll, 157 AD2d 502, lv denied 76 NY2d 732).

Defendant’s claim that the court’s supplemental charge did not convey the proper meaning of intent is unpreserved for appellate review (CPL 470.05 [2]), and we decline to review it in the interest of justice. In any event, the charge as a whole conveyed the proper meaning of that term (People v Coleman, 70 NY2d 817). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.