People v. Edmonds

267 A.D.2d 51, 699 N.Y.S.2d 673, 1999 N.Y. App. Div. LEXIS 12682

Opinion

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered April 25, 1997, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 3V2 to 7 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence. The evidence established that a Con Edison manhole is a “building” as defined in Penal Law § 140.00 (2), in that such a structure is a work area in which Con Edison workers remain while performing various maintenance and repair functions.

We perceive no abuse of sentencing discretion. Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.