Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 20, 2012
Andrias, J.P., Saxe, Moskowitz, Freedman, Abdus-Salaam, JJ.
Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered October 5, 2010, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). Defendant's criminal intent could be readily inferred from the surrounding circumstances (see generally People v Mackey, 49 NY2d 274, 278-79 ). Defendant's presence in a walk-in closet inside an apartment in the early morning hours, with his hands above his head near a jewelry box, provided ample evidence that defendant entered the apartment with intent to commit a crime therein. The jury properly rejected the implausible explanation that defendant offered for his actions (see e.g. People v Jenkins, 213 AD2d 279 [1st Dept 1995], lv denied 85 NY2d 974 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 20, 2012
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