People v. Van Etten

Judgment unanimously affirmed. Memorandum: The circumstantial evidence was legally sufficient to support defendant’s conviction for attempted burglary in the second degree. Defendant’s presence in the fenced-in back yard of the residence, standing at a bedroom window with one hand on the sill and the other on the partially open portion of the window, constituted conduct dangerously close to commission of the ultimate crime of burglary (see, People v King, 61 NY2d 550). Defendant never knocked on a door or rang a door bell. When observed at the *977bedroom window, he asked directions to a street…