People v. Ivory

OPINION OF THE COURT

Levine, J.

During the early morning hours of October 22,1981, the tenant in apartment D in an apartment house located at 152 East State Street in the City of Ithaca was awakened by a noise coming from the fire escape outside her rear third floor window and saw a shadow at the window. Shortly thereafter, she heard someone in the hallway outside the door to her apartment rattling the doorknob. *155After another short interval, she observed a black male wearing a dark shirt with a white streak in front attempting to open a bedroom window from the outside immediately adjacent to a…