People v Ramos

People v Ramos 2011 NY Slip Op 09353 Decided on December 20, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RANDALL T. ENG
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
2011-00899
(Ind. No. 10-00239)

[*1]The People of the State of New York, respondent,

v

Ricardo Ramos, also known as Ricardo Ramos, Jr., appellant.




David A. Brodsky, Central Valley, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y.
(Andrew R. Kass of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered January 13, 2011, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's sole contention on this appeal is that the People failed to present legally sufficient evidence of his guilt of burglary in the second degree. Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), it was legally sufficient to establish that the subject house was a "[d]welling" within the meaning of Penal Law § 140.00(3) (see Penal Law § 140.25[2]; People v Barney, 99 NY2d 367, 371-372; People v Henry, 64 AD3d 804, 805; People v Montgomery, 1 AD3d 984, 984; People v Abarrategui, 306 AD2d 20, 21; People v Sheirod, 124 AD2d 14, 17-18; see also People v Cummings, 16 NY3d 784, cert deniedUS, 132 S Ct 203 [2011]; cf. People v Quattlebaum, 91 NY2d 744, 748; People v Lowe, 284 AD2d 413, 414).
DILLON, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court