People v. Mercer

Adjudication unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree (Penal Law § 140.20) and petit larceny (Penal Law § 155.25). The proof overwhelmingly demonstrated that defendant and an accomplice unlawfully entered the Empress Restaurant by use of a key which had been surreptitiously obtained by the accomplice and removed $70 from the premises. The People’s evidence included the testimony of the accomplice and of the owner of the restaurant, who had personally observed defendant and the accomplice enter and leave the restaurant. Defendant took the stand…