People v. Potts

—Mercure, J.

Appeal from a judgment of the County Court of Broome County *802(Mathews, J.), rendered May 15, 1992, upon a verdict convicting defendant of the crime of burglary in the second degree.

On appeal, defendant contends that the jury’s verdict was not supported by legally sufficient evidence and that he was impermissibly deprived of an opportunity to confer with his attorney before deciding to take the stand. We disagree and accordingly affirm.

Although there was no direct evidence that defendant entered Clifford Davis’ apartment on September 22, 1991 and stole his jewelry, television, VCR,…