People v. Davila

— Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered January 22, 1990, convicting defendant, after a jury trial, of burglary in the third degree and criminal possession of stolen property in the fifth degree, and sentencing him to concurrent terms of imprisonment of 3 Vi to 7 years and one year, respectively, unanimously affirmed.

At 4:20 a.m., two police officers, observed defendant removing the change from a cash register of a dry cleaning store. *583Except for a broken gate leading to the basement area, the store was otherwise closed. Defendant was eventually apprehended in the…