People v. Schmid

Defendant was charged with burglary in the third degree and petit larceny arising from an incident on June 16, 1985 whereby he entered a neighbor’s garage and removed a pair of bolt cutters. Defendant’s primary defense at trial was that he *897was borrowing the bolt cutters, pointing out a history of borrowing tools between his family and the neighbor’s family. The jury found defendant not guilty of burglary in the third degree, but guilty of the lesser included offense of criminal trespass in the third degree and of petit larceny.

On this appeal, defendant’s primary challenge to his conviction is…