People v. Dove

Defendant was charged by indictment with burglary in the first degree and assault in the third degree based upon allegations that he unlawfully entered the apartment of a female acquaintance and physically assaulted her. Following a jury trial, he was found guilty as charged. Defendant thereafter unsuccessfully moved pursuant to CPL 330.30 to set aside the verdict and was sentenced as a persistent violent felony offender to an aggregate prison term of 20 years to life. Defendant appeals.

Defendant’s sole contention on appeal is that the conviction of burglary in the first degree is against the…