People v. Martin

Appeal from a judgment of the County Court of Ulster County (Clyne, J.), rendered October 24, 1980, upon a verdict convicting defendant of the crime of burglary in the third degree. At approximately 12:25 a.m. on December 18,1979, a burglar alarm at the D & D Auto Supply Store went off and the police immediately responded and arrested defendant fleeing from the building. The arresting officers testified that defendant was given the Miranda warnings and he responded by complimenting the police on their speedy arrival and told them that he was in the store because he needed a battery. They also…