People v. Mitteager

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

There was sufficient proof to support defendant’s conviction of attempted burglary in the third degree. Defendant and another individual were observed within five feet of the doorway of a business building then closed for the night and located in a rather desolate area of Staten Island. They fled as the police approached, then hid across the street beneath a nearby car and were quickly apprehended. The officers next checked and found evidence of a breaking of the door of the premises. Based on the foregoing,…