In April 1991, defendant was indicted in a five-count indictment on two counts of burglary in the third degree, two counts of possession of burglar's tools and one count of criminal mischief in the third degree. The indictment stems from two separate incidents within Albany County; one occurred on March 6, 1991 at a Sears Roebuck and Company store located in the Town of Colonie (hereinafter Colonie), and the other occurred on April 26, 1991...
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