People v Thomas

2006 NY Slip Op 08276

Decided on November 14, 2006

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2006
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
2003-03783






Noel M. Ziegler, New York, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J.
Smiley and Ilisa T. Fleischer of
counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered April 9, 2003, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of a fair trial as a result of alleged prosecutorial misconduct (see People v Andrews, 30 AD3d 434; People v Trinidad, 22 AD3d 612).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15[5]; People v Sanchez, 267 AD2d 960; People v Winbush, 199 AD2d 447).
SCHMIDT, J.P., SANTUCCI, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court