People v. Aquevareno

Judgment, Supreme Court, New York County (Robert H. Straus, J.), rendered December 1, 2003, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

The court’s jury instruction concerning the effect of lack of evidence, taken as a whole and in context of the court’s instructions, was sufficiently balanced and did not undermine defendant’s defense (see People v Jiovani, 258 AD2d 277 [1999], lv denied 93 NY2d 900 [1999]; see also People v Lilly, 264 AD2d 684 [1999], lv denied 94…