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PEOPLE C. v. FOLEY

Court of Appeals of the State of New York.
Apr 4, 2000

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Viewed in the light most favorable to the People, the evidence was legally sufficient to establish, beyond a reasonable doubt, the elements of burglary in the second degree, including that defendant had the contemporaneous intent to commit a crime when she entered the apartment. Defendant's remaining arguments are unpreserved.

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.