People v. Nesby

Judgment of the Supreme Court, New York County (Frank Blangiardo, J., at hearing; Alvin Schlesinger, J., at trial and sentence), rendered on November 9, 1988, convicting defendant, after a jury trial, of burglary in the second degree and sentencing him as a persistent felony offender to an indeterminate term of imprisonment of 10 years to life, unanimously affirmed.

On the afternoon of September 11, 1987, the police responded to a radio call of a burglary in progress at 300 West 21st Street. In the hallway, they observed an apartment door partly ajar, its guard chain fastened, and the lock…