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

The PEOPLE of the State of New York, Respondent, v. Levi WHITE, Defendant-Appellant.

Decided: May 21, 1998

Before SULLIVAN, J.P., and ELLERIN, WILLIAMS, MAZZARELLI and ANDRIAS, JJ. Melissa Goldstein, for respondent. Kathleen L. Turland, for defendant-appellant.

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered February 13, 1996, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 21/212 to 5 years and 1 year, respectively, unanimously affirmed.

The evidence was legally sufficient to convict defendant of the burglary charge.   There was ample evidence of defendant's knowledge that he was in a nonpublic building, or portion thereof, including evidence that on a Saturday afternoon at 5:30 p.m., defendant entered a Federal Express warehouse building through the only opened truck entrance (which was clearly demarcated as an entrance for Federal Express vehicles), where the only people present nearby were security personnel, and that defendant climbed onto a platform and proceeded to remove two packages from a conveyor belt (People v. Watson, 221 A.D.2d 264, 634 N.Y.S.2d 78, lv. denied 87 N.Y.2d 926, 641 N.Y.S.2d 608, 664 N.E.2d 519;  People v. Jenkins, 213 A.D.2d 279, 624 N.Y.S.2d 141, lv. denied 85 N.Y.2d 974, 629 N.Y.S.2d 734, 653 N.E.2d 630).