People v. Burwell

Judgment, Supreme Court, Bronx County (Ivan Warner, J.), rendered July 6, 1989, convicting defendant, after jury trial, of attempted grand larceny in the third degree, criminal mischief in the fourth degree, and possession of burglar’s tools, and sentencing him as a predicate felony offender to concurrent terms of 2 to 4 years’ *413imprisonment, 1 year imprisonment, and 1 year imprisonment, respectively, unanimously affirmed.

Evidence at trial included testimony of the arresting officer that in the early morning hours of February 4, 1989, he observed defendant break into a 1986 Nissan Maxima…