People v. Steele

— Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendants appeal from their convictions of burglary in the third degree (Penal Law, § 140.20) and attempted grand larceny in the second degree (Penal Law, §§ 110.00, 155.35). We conclude that the circumstantial evidence connecting defendant Steele with the crime permits no reasonable hypothesis except that of guilt and, therefore supports the conviction (see People v Benzinger, 36 NY2d 29, 32). We agree with all three defendants that the People failed to prove that…