People v. Branch

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered March 24, 2004. The judgment convicted defendant, upon a jury verdict, of burglary in the third degree and petit larceny.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of burglary in the third degree (Penal Law § 140.20) and petit larceny (§ 155.25), defendant contends that County Court erred in denying his motion to suppress the in-court identification of a witness who had…