Appellate Division of the Supreme Court of the State of New York October 30, 2014 (People v. Sabines)

McCarthy, J.E

Appeal from a judgment of the County Court of Chenango County (Sullivan, J.), rendered December 16, 2011, upon a verdict convicting defendant of the crime of burglary in the second degree.

A homeowner heard a hall closet door opening and the sounds of rummaging in a bedroom on the second floor of his house. When he discovered defendant on that floor, defendant fled.