People v. Grant

Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered July 26, 2011, convicting him of burglary in the first degree, rape in the first degree, and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the Supreme Court erred in charging the jury on the crime of burglary in the first degree under the theory that the defendant unlawfully remained in the complainant’s dwelling with the intent to commit a crime therein, rather than the theory that…