People v. Whitfield

Judgment unanimously affirmed. Memorandum: Viewing the proof in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), we conclude that the evidence was legally sufficient to support the jury’s determination that defendant was guilty of burglary in the third degree. Defendant’s intent to commit a crime within the building can be inferred from the circumstances of the entry (see, People v Mackey, 49 NY2d 274, 280; People v Woodard, 148 AD2d 997; *999People v Privott, 133 AD2d 528, Iv denied 70 NY2d 936) as well as the property damage discovered within…