People v. Rodriguez

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cohen, J.), rendered February 19, 1992, convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

At approximately 10:00 a.m. on July 18, 1991, the defendant entered the apartment of a 93-year-old stranger, the complainant herein, without permission. Once inside, the defendant took a bottle of soda from the complainant’s refrigerator and then used his bathroom, before exiting the apartment. No words were exchanged between the…