People v. Green

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered October 19, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years, unanimously affirmed.

Defendant was not prejudiced by the fact that the indictment charged him with both entering and remaining unlawfully, and by the court and prosecutor’s references to these mutually exclusive theories of burglary (see People v Gaines, 74 NY2d 358 [1989]) at early stages of the trial. The court’s final instructions conveyed…