People v. Costello

Judgment, Supreme Court, New York County (Thomas B. Galligan, J.), rendered October 21, 1988, convicting defendant, after a jury trial, of burglary in the second degree and possession of burglar’s tools and sentencing him as a predicate violent felony offender to concurrent indeterminate terms of imprisonment of 4 to 8 years and one year, respectively, unanimously affirmed.

After enjoying his customary midday break by listening to his radio/cassette player at his new Washington Heights apartment, complainant, a livery cab driver, left the apartment and prepared his cab for his afternoon…