People v. Clark

*473The trial court appropriately exercised its discretion in denying defendant’s application for a visit to the crime scene on the ground that various photographs of the scene and a dimensional exhibit prepared by the defense, combined with eyewitness testimony of the arresting officer, the defendant’s investigator, photographs, and other relevant testimony, permitted it, as finder of fact, to determine the contested issue of whether defendant could have entered and exited the premises through a broken window, as alleged (see, People v Robinson, 133 AD2d 473, lv denied 71 NY2d 1032).

The parties…