People v. Cunningham

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 24, 2002, upon a verdict convicting defendant of the crime of burglary in the second degree.

Defendant was charged by indictment with burglary in the first and second degrees based on allegations that on May 28, 1999, he forced his way into the apartment of Niroma Johnson and, in her presence, robbed Demond Bryant, the boyfriend of Johnson’s daughter, Kia Walker, who was also present. Walker and Bryant gave statements to the police on the night of the incident, but left the area on the following day and…