People v. McDonald

172 A.D.2d 275, 568 N.Y.S.2d 98, 1991 N.Y. App. Div. LEXIS 4583

Opinion

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered on June 22, 1989, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent indeterminate terms of imprisonment of 2 to 4 years and IV2 to 3 years, respectively unanimously affirmed.

Defendant was arrested after he emerged covered with white dust from a vacant store carrying a bundle of clothing. On investigation, it was ascertained that the clothing, worth $3,200, had been taken from the clothing store next door to the vacant store, and that there was a hole in the common wall. The floor of the clothing store was covered with a dust similar to that found on defendant, ostensibly gypsum dust. Under these circumstances, we think the evidence presented, albeit circumstantial, was sufficient to establish defendant’s guilt beyond a reasonable doubt. Concur—Sullivan, J. P., Wallach, Asch and Smith, JJ.