PEOPLE v. WILBUR

104648.

108 A.D.3d 878 (2013)

969 N.Y.S.2d 587

2013 NY Slip Op 5248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL M. WILBUR, Appellant.

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

Decided July 11, 2013.


Egan Jr., J.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 30, 2011, convicting defendant following a nonjury trial of the crime of burglary in the second degree.

On the afternoon of June 19, 2010, the victim, her children and her brother left the victim's apartment at 21 Frederick Street in the City of Binghamton, Broome County to attend a family barbeque at a local park. Prior to leaving for the park, the victim's...

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