People v. Irrizary

— Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered December 5, 1990, convicting defendant after a jury trial, of burglary in the second degree and assault in the second degree, and sentencing him as a predicate felony offender to concurrent terms of 1-Vi to 15 years, and 3-Vi to 7 years, respectively, unanimously affirmed.

Defendant was arrested by responding police officers after he broke through the window of a coffee shop, and kicked open a locked door to the restaurant’s second floor. Defendant was found hiding under a heating duct and in resisting arrest he…