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PEOPLE v. VANBERGEN

101479

68 A.D.3d 1249 (2009)

2009 NY Slip Op 9092

890 N.Y.S.2d 706

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT VANBERGEN, Appellant.

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

Decided December 10, 2009.

Cardona, P.J.

On this appeal, defendant first challenges the weight and sufficiency of the evidence supporting his conviction of burglary in the second degree. As that crime was charged in this case, the People were required to prove that defendant knowingly and unlawfully entered the victim's home with the intent to commit a crime therein (see Penal Law § 140.25 [2]; People v Lewis,

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