PEOPLE v. GILBO


52 A.D.3d 952 (2008)

859 N.Y.S.2d 521

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

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

Decided June 12, 2008.


Mercure, J.P.

Defendant was charged in an indictment with burglary in the second degree and two counts of petit larceny arising out of the theft of both a stereo from a residence and a chainsaw that had been left outside a barn. Following a jury trial, he was convicted as charged and sentenced, as a persistent felony offender, to an aggregate term of 15 years to life in prison. Defendant appeals and we now affirm.

Initially, we reject defendant's argument...

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