PEOPLE v. BURNS


158 A.D.2d 941 (1990)

The People of the State of New York, Respondent, v. Donald Burns, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted, following a bench trial, of burglary in the third degree for illegally entering a locked basement storage room with the intent to steal some tools. He contends that the proof was legally insufficient and that his sentence was harsh and excessive. There is no merit to either contention. There was testimony from which the trier of fact could find that defendant had no lawful right to be present...

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