People v. Hymes

Appeal from a judgment of the Monroe County Court (Joan S. Kohout, A.J.), rendered October 25, 2010. The judgment convicted defendant, after a nonjury trial, of burglary in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, following a nonjury trial, of burglary in the third degree (Penal Law § 140.20). Supreme Court properly refused to suppress defendant’s statement made to a police officer outside the building where a burglary in progress had been reported. Although defendant was then…