People v. Vasquez

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]). At trial, the People Presented evidence that the victim, upon returning home from a mini-mart around the corner, observed defendant emerging from the front door of the victim’s first floor apartment carrying a television that belonged to the victim. The victim called 911 and restrained defendant until the police arrived.

By failing to move for dismissal on the ground that the People failed to prove that the apartment was…