PEOPLE v. ACOSTA

ORDERED that the judgment is affirmed.

The defendant's contention that the burglary conviction was not supported by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 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 victim's house (see, People v. Burnett, 205 A.D.2d 792).

The defendant's remaining contention is without merit.