People v. Burgess

270 A.D.2d 158, 706 N.Y.S.2d 316, 2000 N.Y. App. Div. LEXIS 3078

Opinion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 4, 1997, convicting defendant, after a jury trial, of burglary in the third degree, attempted burglary in the third degree and possession of burglar’s tools, and sentencing him, as a second felony offender, to concurrent terms of SVz to 7 years, 2 to 4 years and 1 year, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s request for an investigator (see, County Law § 722-c), since defendant’s claim of necessity was speculative (see, People v Barber, 154 AD2d 882, lv denied 75 NY2d 810).

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. Concur — Nardelli, J. P., Ellerin, Lerner and Rubin, JJ.