People v. Toal

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered November 27, 1990, convicting him of murder in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The evidence establishes that the defendant and an accomplice (see, People v Lydon, 197 AD2d 640 [decided herewith]) murdered the victim as she slept, and that this murder occurred during the course of a burglary of the victim’s home. The defendant argues that he was not personally present during the County Court’s in…