People v. Masterson

—Mikoll, J. P.

Appeal from a judgment of the Supreme Court (Sheridan, J.), rendered July 24, 1996 in Rensselaer County, upon a verdict convicting defendant of the crime of burglary in the second degree.

Defendant was convicted, following a jury trial, of the burglary of a private residence in the Village of Schaghticoke, Rensselaer County, which occurred between 9:30 p.m. on October 9, 1995 and 5:30 a.m. on October 10, 1995. Before going to bed the night of October 9, 1995, the victim had checked to make sure all the doors of her home were closed and locked. She awoke at 5:30 a.m. the next day…