People v. Peterson

— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered April 19,1982, upon a verdict convicting defendant of the crime of burglary in the third degree. The facts are undisputed. Sometime between the hours of 8:00 a.m. and 1:00 p.m. on April 2, 1981, someone entered the home of James Cooper and stole checks, savings passbooks and assorted coins. At trial the evidence showed that defendant, a black male, lived near the Cooper residence at the time of the burglary. On the morning of the crime, a neighbor saw two black males, both unidentified, walk past the Cooper…