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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY VALLEVALEIX, Appellant.

The burglary convictions were based on legally sufficient evidence. Defendant was convicted of two burglaries, both recorded by surveillance cameras, committed in 2001 and 2003 on different floors of the same secured corporate offices. The evidence supports the conclusion that in each instance defendant entered with intent to commit a crime. Among other things, in each instance defendant entered surreptitiously, there was no legitimate explanation for his presence, and he was carrying a bag suitable for stealing a laptop computer ( see e.g. People v Sainvil, 251 AD2d 46, lv denied 92 NY2d 930). Moreover, the similarities between the incidents reinforced the inference of criminal intent ( see generally People v Ingram, 71 NY2d 474).

As the People concede, defendant should not have been adjudicated a second felony offender with respect to the burglary committed in 2001, since that offense predated the 2002 conviction that served as the predicate felony offense. The circumstances warrant a remand for resentencing on that conviction. We find no basis upon which to disturb the remaining sentences.

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PEOPLE v. VALLEVALEIX
(Apr 19, 2007)