People v. Hoyle

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered December 12, 1991, upon a verdict convicting defendant of the crimes of burglary in the first degree and petit larceny.

On May 29, 1991, defendant and two accomplices agreed to go to the home of a 71-year-old woman to steal money. Access was achieved by defendant’s pretense of being the victim’s grandson. When the victim opened the door, she was knocked down by defendant and then kicked and hit repeatedly. At such time, she was wearing nasal tubes for an oxygen machine and had recently undergone a double…