People v. Rieck

— Appeal from a judgment of the County Court of Rensselaer County, rendered April 14, 1977, upon a verdict convicting defendant of burglary in the second degree. On July 16, 1976, the County Court of Rensselaer County arraigned defendant Ernest Rieck upon a sealed indictment which contained three counts charging defendant with burglary in the second degree, rape in the first degree and sodomy in the first degree. At the trial, Vivian De Maria, a 40-year-old woman who lived alone, testified that on April 29, 1976 she went to sleep at about 9:00 p.m. and was awakened about 2:30 a.m. by the…