People v. Bergerson

Appeal from a judgment of the County Court of Rensselaer County (Clyne, J.), rendered July 8, 1982, upon a verdict convicting defendant of the crime of burglary in the first degree.

Defendant’s conviction rests on the following circumstantial evidence: the victim, a 63-year-old woman, testified that sometime after 10:30 p.m. on November 5,1981, she was awakened by two intruders who broke into her home in the City of Troy, covered her face with a pillowcase, brutally gagged her, lashed her to the bedposts and stole money, jewelry and other personal property from her. She saw only a shadowy male…