People v. Spivey

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered January 14, 1985, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s conviction was based on the theft of certain *350packages from a United Parcel Service warehouse during the early morning hours of October 19, 1983. A security guard who witnessed the crime made a positive identification of the defendant approximately 10 minutes after the crime occurred and after the defendant was apprehended in the…