People v. McMillen

Appeal from a judgment of the County Court of Chemung County, rendered March 16, 1979, upon a verdict convicting defendant of the crimes of burglary in the third degree and possession of burglar’s tools. During the early morning hours of August 9, 1978, while in the course of his usual patrol duties, a City of Elmira police officer observed the door of a local bar ajar. As he approached to investigate, he heard noises coming from within the bar. Drawing his revolver, he ordered the person inside to come out, and as defendant McMillen did so the officer asked, “Who are you?”, to which…