Defendant was tried and convicted for the crime of burglary in the third degree and sentenced as a second felony offender to an indeterminate term of imprisonment of 2 to 4 years. The facts necessary for resolution of this case follow. At approximately 4:30 A.M. on May 19, 1989 Patrolman Brian Taylor of the Gouverneur Village Police Department was called to investigate a possible burglary of a gas station. Upon arrival at the scene Taylor...
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