Appellate Division of the Supreme Court of the State of New York June 14, 2004 (People v. Fountaine)

Appeal from a judgment of the Monroe County Court (Patricia D. Marks, J.), rendered January 8, 2003. The judgment convicted defendant, upon a jury verdict, of burglary in the first degree and menacing in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

*1108Memorandum: Supreme Court (Kenneth R. Fisher, J.