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PEOPLE v. BASTIEN

2016-01380. Ind. No. 1581/14.

199 A.D.3d 931 (2021)

154 N.Y.S.3d 447

2021 NY Slip Op 06365

The People of the State of New York, Respondent, v. Gerard Bastien, Appellant.

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

Decided November 17, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Caitlyn Carpenter of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Emily Aguggia on the memorandum), for respondent.

Austin, J.P., Hinds-Radix, Duffy and Connolly, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence underlying his conviction of burglary in the second degree is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620

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