Judgment unanimously affirmed.
Memorandum:
Defendant was convicted following a jury trial of burglary in the third degree (Penal Law § 140.20) and petit larceny (Penal Law § 155.25) arising out of the burglary of an appliance store. In the early morning hours, before the store was opened, a resident of an apartment above the store observed a person leaving a side door carrying a microwave oven. The witness testified that he saw that person several...
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