People v Burney
2022 NY Slip Op 02736 [204 AD3d 1472]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 1, 2022


[*1]
 The People of the State of New York, Respondent,
v
Gary D. Burney, Appellant. (Appeal No. 2.)

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Adam Amirault of counsel), for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (Robert J. Shoemaker of counsel), for respondent.

Appeal from a judgment of the Genesee County Court (Charles N. Zambito, J.), rendered January 29, 2019. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Burney ([appeal No. 3] 204 AD3d 1473 [4th Dept 2022]). Present—Centra, J.P., Peradotto, Lindley, Curran and Winslow, JJ.