People v. Polite

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered December 1, 2000, convicting defendant, after a jury trial, of burglary in the third degree and petit larceny, and sentencing him, as a second felony offender, to concurrent terms of 3V2 to 7 years and one year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Although defendant refused to sign the trespass notice that was read to him after he had stolen items from the same store one year before the instant crime, that notice, which…