People v. Dudek

— Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction of burglary in the third degree, following a jury trial. A security guard discovered defendant in the foyer leading to a basement warehouse and found several items piled near a broken door. The police found two candlestick holders in the defendant’s pockets-during a search incident to his arrest. Although a portion of the trial court’s charge on circumstantial evidence contained a clearly erroneous and rather bizarre rendition of the “footprints in the snow” hypothetical, the remainder of the charge,…