People v. Johnson

Mikoll, J. P.

Appeal from a judgment of the County Court of Albany County *718(Keegan, J.), rendered September 14, 1994, upon a verdict convicting defendant of the crimes of burglary in the second degree and criminal mischief in the fourth degree.

David Seppelin left work at 6:30 p.m. on April 27, 1993 and, as he approached the side entrance of his residence in the Town of Colonie, Albany County, he observed that the outside door of the foyer was ajar and the window pane had been knocked out. He further discovered that the glass of the panes of the upper portion of the inner door of the foyer were…