Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that his conviction was not supported by legally sufficient evidence because the house that he burglarized did not have a certificate of occupancy at the time of the burglary and therefore did not constitute a "dwelling" within the meaning of Penal Law §§ 140.25 and 140.00 (3). Viewing the evidence in a light most favorable to the prosecution (see, People v Contes...
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