People v Ramos

People v Ramos 2012 NY Slip Op 07706 Decided on November 14, 2012 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 November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
MARK C. DILLON
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2010-11478
(Ind. No. 588/09)

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

v

Victor Ramos, appellant.




Steven Banks, New York, N.Y. (Adrienne Hale of counsel), for
appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Jeanette
Lifschitz, and John F. McGoldrick of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered January 12, 2010, convicting him of burglary in the third degree and criminal trespass in the second degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of burglary in the third degree beyond a reasonable doubt (see People v Rahim, 90 AD3d 1077; People v Ehikhamenor, 72 AD3d 700). Moreover, upon the exercise of our factual review power (see CPL 470.15[5]), we are satisfied that the verdict of guilt of burglary in the third degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633).

The defendant's contention that he was deprived of a fair trial by the trial court's failure to issue a limiting instruction to the jury about evidence pertaining to a charge of criminal trespass in the second degree, which was dismissed at the close of the People's case, is unpreserved for appellate review (see CPL 470.05[2]; People v Ferraro, 49 AD3d 550, 552). In any event, this contention is without merit.
ENG, P.J., DILLON, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court