People v. Clarke

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered October 20, 1989, convicting defendant, after a jury trial, of two counts of burglary in the first degree (Penal Law § 140.30 [2], [3]), and sentencing him to concurrent, indeterminate terms of imprisonment of from three to nine years, is affirmed.

During the early morning hours of November 10, 1988, defendant had a violent altercation with Ronald Clarke, his brother, during which he crashed through the latter’s locked apartment door and entered through the opening wielding a seven-foot metal bed slat. When Clarke grabbed a…