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PEOPLE v. DIAZ

2006-01543.

2008 NY Slip Op 06165

THE PEOPLE, ETC., respondent, v. LEANDRO DIAZ, appellant.

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

Decided July 1, 2008.

Attorney(s) appearing for the Case

Steven Banks, New York, N.Y. (Sheilah Fernandez of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Donna Aldea, and Bradley Chain of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., DANIEL D. ANGIOLILLO, WILLIAM E. McCARTHY, THOMAS A. DICKERSON, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence supporting his conviction of burglary in the second degree on the ground that his intent to commit this crime was not established is unpreserved for appellate review (see CPL 470.05 [2]; People v. Finger, 95 N.Y.2d 894; People v. Gray, 86 N.Y.2d 10

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