PEOPLE v. RED

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

The PEOPLE of the State of New York, Respondent, v. John RED, also known as Anthony Paulin, Defendant-Appellant.

Decided: January 27, 2005

ANDRIAS, J.P., SAXE, ELLERIN, SWEENY, CATTERSON, JJ. Laura R. Johnson, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Donald J. Siewert of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered February 14, 2003, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/212 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ).   There is no basis for disturbing the jury's determinations concerning credibility.   The element of entry into premises with intent to commit a crime therein was established by credible evidence warranting the conclusion that defendant ransacked the store in question (see People v. Wilson, 203 A.D.2d 211, 612 N.Y.S.2d 855 [1994], lv. denied 84 N.Y.2d 835, 617 N.Y.S.2d 155, 641 N.E.2d 176 [1994] ).

The court adequately instructed the jury on the requirement of entry with intent to commit a crime (see People v. Gaines, 74 N.Y.2d 358, 362, 547 N.Y.S.2d 620, 546 N.E.2d 913 [1989] ).

We perceive no basis for reducing the sentence.