People v. Gilbert

— Yesawich, Jr., J.

Appeal from a judgment of the County Court of Rensselaer County (Harris, J.), rendered January 14, 1985, upon a verdict convicting defendant of the crimes of burglary in the second degree and grand larceny in the second degree.

On January 2, 1981, defendant was apprehended pursuant to a warrant for the burglary of a jewelry store located in the City of Troy, Rensselaer County. Execution of the arrest warrant occurred at the entrance to an apartment building where defendant was then staying with his brother, Gary Robertson, and Robertson’s wife and baby. A police search of…