Judgment unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him, following a nonjury trial, of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that the evidence was legally insufficient to support his conviction because there was no proof that he intended to commit a crime within the homeowner's dwelling. We disagree. Defendant's unexplained and unauthorized presence in the complainant's living room in the...
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