People v. Torres

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered May 20, 1988, which convicted defendant, after a jury trial, of burglary in the second degree and sentenced him, as a second violent felony offender, to an *386indeterminate prison term of from 6 to 12 years, unanimously affirmed.

On August 27, 1989, defendant was observed by a tenant pushing a metal device into the cylinder locks of the entrance doors to two apartments.

On appeal defendant asserts that the hallway in which he was observed was not a dwelling but a public place. Therefore, it is urged that all the elements of…