People v Lopez (2011 NY Slip Op 00414)

People v Lopez

2011 NY Slip Op 00414 [80 AD3d 528]

January 25, 2011

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 9, 2011

The People of the State of New York, Respondent,
v
Victor Suazo Lopez, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Karen Swiger of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered March 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of 15 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 [2007]). The victim's identification testimony was corroborated by defendant's behavior after the crime and his incriminating statements to the police. Concur—Saxe, J.P., Moskowitz, Richter, Manzanet-Daniels and RomÁn, JJ.