People v. Ballinger

*804OPINION OF THE COURT

Leon Ruchelsman, J.

The defendant stands charged with burglary in the third degree (Penal Law § 140.20), grand larceny in the third degree (Penal Law § 155.35), grand larceny in the fourth degree (Penal Law § 155.30 [1]), possession of burglar’s tools (Penal Law § 140.35), and criminal mischief in the fourth degree (Penal Law § 145.00 [1]). These charges arose out of an alleged burglary of a Radio Shack in Kings-County in the early morning hours of October 16, 1997.

On April 23, 1998 the defendant and his attorney were in court to argue various pretrial issues. At the…