People v. Mitchell

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Beerman, J.), rendered January 31, 1985, convicting him of burglary in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial (Gallagher, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence and his statement to the police.

Ordered that the judgment is affirmed.

On April 4, 1984, at about 5:00 p.m., a company supervisor for Expert Concrete Inc. was closing the work premises for…