People v. Torres

Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered September 6, 2006, upon a verdict convicting defendant of the crime of burglary in the second degree.

At defendant’s jury trial on a charge of burglary in the second degree, Marquis Lanier testified that although he was present when defendant and defendant’s nephew broke into the victims’ residence to burglarize it, he had attempted to prevent them from doing so and did not himself enter the residence. County Court instructed the jurors to determine whether Lanier was an accomplice and, if he was, whether…