Spain, J.
Following a jury trial, defendant was convicted of burglary in the second degree and sentenced, as a second felony offender, to a prison term of 15 years, with five years of postrelease supervision and restitution. The conviction stems from evidence that, on October 12, 2004, he entered the upstairs apartment occupied by the owner of a two-family home in the City of Schenectady, Schenectady County without permission or any right to do so by using a ladder...
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