Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the People proved beyond a reasonable doubt that the defendant unlawfully entered the complainant's apartment and committed a crime therein. The record reveals that defendant was observed running from the scene wearing a beige jacket and walking as if he held something underneath it, and that he later was observed throwing complainant's .22 caliber rifle and case out of his window.
Considering defendant's prior record, the sentence imposed was not excessive.
Concur — Ellerin, J.P., Rubin, Ross, Nardelli and Williams, JJ.