State v. Berger

Defendant appeals from a judgment convicting him of burglary in the first degree (Count I), robbery in the third degree (Count II) and attempted rape in the first degree (Count III). We affirm.

Defendant waived jury trial and was tried by the court on stipulated facts. The stipulation stated that defendant broke into the apartment of a 74-year-old woman at about 2 a.m. on January 19, 1984. She knew defendant, because he had managed her apartment several years earlier. Defendant told her that he was there to take her money and to rape her. When she said that she had no money, he grabbed, choked…