It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant challenges the legal sufficiency of the evidence supporting his conviction following a jury trial of burglary in the third degree (Penal Law § 140.20) in connection with the theft of money from a vending machine on the third floor of the west tower of a hotel. He contends that, because the hotel was open to the public, his entry...
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