People v. Baer

— Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: Defendant appeals from his convictions for burglary, third degree, petit larceny, and possession of burglar’s tools arising from an incident in which he allegedly stole a television from a private room in a rooming house. He entered the room not by force but by use of a duplicate room key apparently stolen from the building manager. The key was found on his person when he was arrested. With respect to the first two counts, burglary, third degree, and petit larceny, we reject defendant’s…