People v. Sutton

—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of burglary in the third degree (Penal Law § 140.20) and petit larceny (Penal Law § 155.25) arising out of the burglary of an appliance store. In the early morning hours, before the store was opened, a resident of an apartment above the store observed a person leaving a side door carrying a microwave oven. The witness testified that he saw that person several times later in the day wearing the same clothes and identified defendant as that person. Viewing the evidence in the light most favorable to the…