People v. Fontaine

Appeal by defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered March 15, 1983, convicting him of burglary in the second degree (two counts), upon a jury verdict, and imposing sentence.

*711Judgment affirmed.

The trial court did not err in admitting rebuttal evidence offered by the People in response to defendant’s attempt to prove that his presence in the burgled premises was innocent. This evidence tended to contradict defendant’s testimony and to disprove his claim that he was but a good Samaritan who, upon passing near the premises, heard a burglar alarm sound,…