People v. Martinez

Judgment, Supreme Court, New York County (James Leff, J., at jury trial and sentence), rendered June 26, 1989, convicting defendant of burglary in the third degree and sentencing him as a second felony offender to a term of imprisonment of 3-Vz to 7 years, unanimously affirmed.

*370Evidence adduced at trial was that police responding to a burglary-in-progress call discovered defendant hiding inside a locked clothing store premises. A basement window of the premises had been broken, and merchandise was strewn about. Various tools and a flashlight were recovered just outside of the broken window, as…