Appellate Division of the Supreme Court of the State of New York November 3, 2011 (People v. Dove)

Malone Jr., J.

Defendant was charged by indictment with burglary in the first degree and assault in the third degree based upon allegations that he unlawfully entered the apartment of a female acquaintance and physically assaulted her. Following a jury trial, he was found guilty as charged. Defendant thereafter unsuccessfully moved pursuant to CPL 330.