People v. Floyd

—Appeal by the defendant (1) from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered July 13, 1998, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence, and (2), by permission, from an order of the same court, dated July 27, 1999, which denied, without a hearing, his motion pursuant to CPL article 440 to vacate the judgment.

Ordered that the judgment and the order are affirmed.

The defendant’s claim that the evidence was legally insuf*479ficient is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, viewing the evidence…