Spain, J.
Following a jury trial, defendant was convicted, as charged, of burglary in the first degree and assault in the third degree stemming from his conduct on March 24, 2005 in breaking into an apartment in the City of Albany where his sister resided, and assaulting his girlfriend (hereinafter the complainant). Defendant arrived at the second floor apartment shortly after midnight and repeatedly rang the doorbell shouting, "I know you're up there ... Let me in...
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