People v. Ramirez

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the first degree (Penal Law § 140.30 [3]), petit larceny (Penal Law § 155.25), and unauthorized use of a vehicle in the first degree (Penal Law § 165.08). He contends that the burglary conviction is not supported by legally sufficient evidence that he intended to commit a crime within the dwelling of the victim. We disagree. Intent may be inferred from the circumstances of the entry (see, People v Gaines, 74 NY2d 358, 362, n 1; People v Barnes, 50 NY2d 375, 381).…