| People v Balaz |
| 2007 NY Slip Op 06705 [43 AD3d 949] |
| September 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v George Balaz, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, andTeresa N. Taylor of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.),rendered January 24, 2005, convicting him of burglary in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The evidence established that an individual entered the complainants' apartment without theirpermission and took money and jewelry. Although one of the complainants saw an unknownindividual in her apartment building on the morning of the burglary, she was unable to identifythe defendant in a lineup. However, a latent fingerprint was lifted from the complainants' bb gunwhich, after the robbery, was discovered lying upon the bed, rather than in its usual place in thebedroom closet. An expert analyzed the latent print and identified the fingerprint as belonging tothe defendant.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt (see People v Urquidez, 5 AD3d 800, 801 [2004]; People vHirsch, 280 AD2d 612, 613 [2001]). Moreover, upon the exercise of our factual reviewpower (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against theweight of the evidence (see People v Hirsch, supra at 613).
Finally, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Crane, J.P., Goldstein, Dillon and Carni, JJ., concur.