People v. Candelaria

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered October 4, 1984, convicting him of burglary in the first degree and burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s conviction of burglary in the first degree was based upon a charge under Penal Law § 140.30 (2) which includes the requirement that physical injury was caused to a nonparticipant. A codefendant indicted and tried jointly with the defendant was acquitted of this charge, but found guilty of the lesser…