People v. Edwards , 863 N.Y.S.2d 928 ( 2008 )

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered June 29, 2006, convicting him of burglary in the second degree, criminal mischief in the fourth degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to support his conviction of burglary in the second degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

The defendant’s remaining contentions, regarding the jury charge, are without merit. Mastro, J.E, Skelos, Covello and Leventhal, JJ., concur.