Kavanagh, J.
After receiving a report that an individual had been seen early in the morning crawling through a broken window of a church, police responded to the scene and arrested defendant after finding him in the basement of the St. Paul's Missionary Baptist Church in the City of Elmira, Chemung County. During the ensuing investigation, it was determined that defendant did not have permission to be in the church at that hour — 4:30 A.M. — and that...
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