People v. Swain

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Glass, J.), rendered November 2, 1983, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There was sufficient evidence presented at the trial from which the jury could infer that the defendant intended to commit a crime inside the premises, particularly in view of the circumstances surrounding the break in (see, People v Barnes, 50 NY2d 375, 381; People v Mackey, 49 NY2d 274, 280; People v Gilligan, 42 NY2d 969).

We have frequently…