PEOPLE v. GARVEY

Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove the "remains unlawfully" element of burglary in the first degree (Penal Law § 140.00; § 140.30 [1]). Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The prosecution produced sufficient evidence from which a rational jury could infer that the defendant unlawfully remained in the victims' house ( see People v. Acosta, 273 AD2d 318; People v. Burnett, 205 AD2d 792).