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PEOPLE v. McNEIL

106 A.D.2d 518 (1984)

The People of the State of New York, Respondent, v. Kevin McNeil, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 17, 1984

Judgment affirmed.

It is undisputed that defendant unlawfully entered and remained in complainant's apartment. Thus, the pivotal issue is whether the proof adduced was sufficient to permit the jury to infer that defendant intended to commit a crime therein (see People v Samuel, 20 A.D.2d 919). While recognizing that such proof inherently involves the "intangible operations of the mind" (People v Rumaner,

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