People v. Caslin

—Cardona, P. J.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered December 23, 1994, upon a verdict convicting defendant of the crimes of burglary in the third degree and petit larceny.

Following a break-in at a novelty store located in the City of Elmira, Chemung County, in the early morning hours of May 7, 1994, defendant was charged with the crimes of burglary in the third degree and petit larceny. He was subsequently tried before a jury and, at the close of the prosecution’s case, moved for a trial order of dismissal. County Court denied the motion *627and…