People v. Nestman

—Judgment, Supreme Court, New York County (Edward Sheridan, J.), rendered March 24, 1993, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 31/2 to 7 years, unanimously affirmed.

Viewed in a light most favorable to the People, defendant’s guilt was proven by legally sufficient evidence. Defendant was crouching on top of an air-conditioner above the doorway of a store with his left leg positioned through a broken window that had activated the alarm system (see, People v King, 61 NY2d 550, 555). The issues…