People v. Garvey

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered July 21, 2003, convicting him of burglary in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove the “remains unlawfully” element of burglary in the first degree (Penal Law § 140.00 [5]; § 140.30 [1]). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a…