PEOPLE v. LOCKHART


12 A.D.3d 842 (2004)

784 N.Y.S.2d 686

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LOCKHART, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 18, 2004.


Cardona, P.J.

In August 2000, defendant was indicted for burglary in the second degree stemming from a break-in at the home of Nicholas Sabatino (hereinafter the victim) at 56 Forest Avenue in the City of Albany on December 10, 1999. Following a jury trial, defendant was convicted of the charge and sentenced, as a second felony offender, to a 15-year prison term followed by a five-year period of postrelease supervision.

On this appeal, defendant first contends...

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