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

The PEOPLE of the State of New York, Respondent, v. Andres LINARES, Defendant-Appellant.

Decided: September 20, 2001

SULLIVAN, P.J., MAZZARELLI, ELLERIN, WALLACH and LERNER, JJ. Kristin A. Kirk, for Respondent. Laura I. Appleman, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered October 6, 2000, convicting defendant, after a jury trial, of burglary in the second degree and assault in the second degree, and sentencing him to concurrent terms of 6 years, unanimously affirmed.

 The verdict was not against the weight of the evidence.   Defendant's larcenous intent could be readily inferred from the circumstances, including defendant's behavior when confronted by the complainant (see, People v. Castillo, 47 N.Y.2d 270, 278, 417 N.Y.S.2d 915, 391 N.E.2d 997).   Furthermore, defendant's argument that the assault conviction was tainted by the burglary conviction is without merit;  the evidence supporting this criminal act is both separate and overwhelming.

We perceive no basis for reduction of sentence.