AD1 order dated April 14, 2015, affirming judgment of conviction. Decision below: 127 AD3d 517, 5 NYS3d 725. Lippman, Ch.J., granted leave August 10, 2015.

ISSUES PRESENTED: (1) Whether the trial court erred in admitting an out-of-court eyewitness’ declaration to a police officer that Defendant-Appellant was attempting to burglarize a truck as an excited utterance or a present sense impression. And whether that error violated Defendant-Appellant’s constitutional rights to confrontation. (2) Whether the burglary conviction was legally insufficient where the evidence that Defendant-Appellant intended to commit a crime in the FedEx truck’s front seating area was that he climbed through an opened door with a tool and a duffel bag, stayed inside for five seconds, took some unelaborated action at the back of the truck, and then walked away with nothing other than his own possessions. (Assigned counsel: Jody Ratner & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)