People v. Wong

Appeal from an order of the County Court of Broome County (Smith, J.), entered October 3, 1995, which granted defendant’s motion to dismiss the indictment.

Defendant was indicted and charged with burglary in the second degree for breaking into an occupied apartment in the City of Binghamton, Broome County, on February 28, 1995. The victim, who was asleep at the time, woke up when she heard defendant, who apparently was heavily intoxicated, rifling through her cassette tape collection. The victim yelled at defendant to leave, which he did after briefly sitting on her bed. Defendant claimed to…