PEOPLE v. WILLIAMS

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Vernon WILLIAMS, Defendant-Appellant.

Decided: September 28, 2001

PRESENT:  PIGOTT, JR., P.J., HAYES, HURLBUTT, BURNS and GORSKI, JJ. Gerald T. Barth, for defendant-appellant. Mark Moody, for plaintiff-respondent.

 The verdict finding defendant guilty of burglary in the second degree (Penal Law § 140.25[2] ) and lesser crimes is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Defendant matched the description of one of the men seen breaking into the house.   Moreover, the arresting officer saw defendant exiting the house, and defendant was apprehended following a foot chase during which the arresting officer never lost sight of defendant.   When apprehended, defendant was in possession of the victim's remote control device and a butter knife that evidently had been used to pry a window from the rear door of the burglarized residence.   Subsequently, defendant made an incriminating statement to the effect that he was guilty only of trespass.   The fact that the sentence imposed after trial was more severe than that offered to defendant if he pleaded guilty does not render the sentence unduly harsh or severe (see, People v. Gibson, 280 A.D.2d 903, 720 N.Y.S.2d 438;  People v.. Everett, 278 A.D.2d 885, 886, 718 N.Y.S.2d 917, lv. denied 96 N.Y.2d 799, 726 N.Y.S.2d 377, 750 N.E.2d 79).

Judgment unanimously affirmed.

MEMORANDUM: