People v. Fogarty

— Levine, J.

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered March 16, 1983, upon a verdict convicting defendant of the crimes of burglary in the first degree, burglary in the second degree and robbery in the first degree.

Defendant was found guilty of breaking into a basement apartment in the City of Albany and forcibly stealing some $17 from the occupant. The victim recognized defendant, whom he had seen before at Alcoholics Anonymous meetings, at bars and on one occasion when defendant gave him a ride home. Defendant was apprehended shortly after the…