The order of the Appellate Division should be affirmed.
Defendant was convicted, after a bench trial, of burglary in the first degree (Penal Law § 140.30 [2]) and sentenced to an indeterminate term of from 5 to 15 years. Defendant's conviction was affirmed by order of the Appellate Division.
The question presented by this appeal is whether the Trial Judge abused his discretion in refusing...
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