Defendant was charged with burglary in the first degree as a result of having entered Stephanie Smith's apartment in the City of Binghamton, Broome County, on or about March 8, 1995, and threatened her with a firearm. It appears that on the evening in question at approximately 9:00 P.M., Smith, her daughter and Jerome Harris, her daughter's boyfriend, were at Smith's apartment when two individuals broke into the apartment. One of the intruders...
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