People v. Angel

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered June 5, 1990, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s sole contention is that because the house he entered was under construction it was not a "building” within the meaning of Penal Law § 140.00 (2) and § 140.20. He therefore asserts that the People’s proof was legally insufficient to support the conviction. This claim was not advanced before the trial court and thus is unpreserved for appellate…