People v. Burton

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Steuben County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the second degree and petit larceny arising out of his illegal entry into the home of a motel operator and his theft of $110 therefrom. Defendant was sentenced as a predicate felon to imprisonment of 3 to 6 years on the burglary, but the court failed to impose a sentence on the petit larceny. Defendant contends that certain statements…