PEOPLE v. FELDER

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Joe FELDER, Defendant-Appellant.

Decided: December 30, 2003

TOM, J.P., MAZZARELLI, ELLERIN, LERNER, MARLOW, JJ. Karen Schlossberg, for Respondent. Sarah Geraghty, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered January 15, 2002, convicting defendant, upon his plea of guilty, of two counts of burglary in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 2 1/212 to 5 years, unanimously affirmed.

 The court properly denied defendant's suppression motion.   There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380).   The officer had probable cause to search defendant based on information received from one of the store security guards who apprehended defendant.   The guard was an identified citizen informant, and his basis of knowledge was sufficiently established (see People v. Parris, 83 N.Y.2d 342, 350, 610 N.Y.S.2d 464, 632 N.E.2d 870).

 Defendant's conviction of two counts of burglary did not violate principles of double jeopardy.   Defendant entered a secured area of a department store, returned to the public part of the store, and then entered another, separately secured and occupied area.   This constituted entry into two separate “buildings” for purposes of the burglary statute (Penal Law § 140.00 [2] ), and defendant was properly charged with, and convicted of, two counts of burglary in the third degree (see People v. James, 204 A.D.2d 180, 612 N.Y.S.2d 131, lv. denied 84 N.Y.2d 827, 617 N.Y.S.2d 147, 641 N.E.2d 168).