PEOPLE v. BOATWRIGHT (1998)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Larry BOATWRIGHT, Appellant.

Decided: September 28, 1998

Before MANGANO, P.J., SULLIVAN, FLORIO and McGINITY, JJ.

Duane Williamson, Brooklyn, N.Y., for appellant. Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Robert A. Schwartz of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered November 20, 1995, convicting him of attempted burglary in the second degree, possession of burglar's tools, and trespass, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention, the testimony of the complainant that she witnessed the defendant on her property holding a screwdriver, that the defendant provided an implausible excuse for his presence, and that he fled, sufficiently corroborated the defendant's confession that he entered the complainant's property with the intent to commit a crime (see, CPL 60.50).

MEMORANDUM BY THE COURT.

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