People v. White

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of burglary in the second degree (Penal Law § 140.25 [2]) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40). Contrary to defendant’s contentions, the evidence is legally sufficient to support the burglary conviction and the verdict is not against the weight of the evidence with respect to that conviction (see, People v…