PEOPLE v. HODGES (1999)

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered October 17, 1997, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant contends that the People failed to prove that he entered the premises with the intent to commit a crime therein.   This contention is unpreserved for appellate review since it was not advanced with specificity before the trial court in support of the defendant's motion to dismiss (see, CPL 470.05[2];  People v. Udzinski, 146 A.D.2d 245, 250, 541 N.Y.S.2d 9).   In any event, viewing the evidence in the 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 (see, People v. Barnes, 50 N.Y.2d 375, 381, 429 N.Y.S.2d 178, 406 N.E.2d 1071;  People v. McCrea, 194 A.D.2d 742, 600 N.Y.S.2d 84).   Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5] ).

 In light of the defendant's testimony that he made several unlawful entries into the premises, the supplemental instruction given by the court in response to the jury's note was not error (cf., People v. Gaines, 74 N.Y.2d 358, 547 N.Y.S.2d 620, 546 N.E.2d 913;  People v. Jones, 184 A.D.2d 383, 585 N.Y.S.2d 382;  People v. Roberts, 162 A.D.2d 729, 732, 557 N.Y.S.2d 127;  People v. Ferguson, 158 A.D.2d 712, 713, 551 N.Y.S.2d 964).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.