People v. Niepoth

Appeal from a judgment of the County Court of Fulton County, rendered March 10, 1976, upon a verdict convicting defendant of the crime of burglary. in the second degree. As the result of an incident shortly after midnight on November 1, 1975 at the Wayside Inn on Route 29 in Fulton County, defendant was convicted of burglary in the second degree, a class C felony. The inn is a two-story structure whose ground floor consists of a barroom, a dining room, an office and rest rooms and is operated as a restaurant and bar business and whose second floor consists of four bedrooms, a living room, and…