Appellate Division of the Supreme Court of the State of New York February 18, 2010 (People v. Arce)

Kavanagh, J.

Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered January 26, 2009, upon a verdict convicting defendant of the crimes of burglary in the second degree and petit larceny.

On June 26, 2008, defendant was seen by a next door neighbor climbing through the living room window of a residence located in the City of Ithaca, Tompkins County.