People v. Smith

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered June 7, 1989, which, after a jury trial, convicted defendant of attempted burglary in the second degree and possession of burglar’s tools and which sentenced defendant to concurrent terms of imprisonment of 3½ to 7 years and one year, respectively, is unanimously affirmed.

Two police officers arrested defendant on the fifth floor of a multiple dwelling when they observed him attempting to jimmy open an apartment door. In the course of the arrest the officers recovered two metal strips from or near defendant’s person.

At trial…