People v. Burnett

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the second degree (Penal Law § 140.25 [2]) and criminal mischief in the fourth degree (§ 145.00 [1]). Defendant was convicted upon a retrial after we reversed the first judgment of conviction based on an error in the jury charge (People v Burnett, 41 AD3d 1201 [2007]). We held in the prior appeal that County Court did not err in refusing to suppress statements that defendant made to the police but we noted that, “[i]n view of the fact that we [were] granting a new trial,” defendant could seek to…