The Fourth Department Appellate Division in Rochester has upheld a July 2016 conviction against a Jamestown man who burglarized the same Fredonia apartment twice in five years.

The unanimous ruling by the justices was announced Friday.

Marcus A. Norman, 51, appealed his conviction to the appellate court on several grounds, including that the county court erred in declining to suppress testimony that came during identification and with the court’s handling of jurors during trial.

The Jamestown man was jailed following the Sept. 19, 2015, burglary of an apartment on Lambert Avenue in Fredonia. He took cash and personal property, but was discovered when one of the residents awoke and found him crawling on the bedroom floor.

Norman fled the scene, but not until the resident chased him out and recorded his physical description and clothing, along with his vehicle’s make, model and license plate number.

Officers notified the Jamestown Police Department that the vehicle leaving the scene was registered to a Jamestown address. Police sent vehicles to the area, and within 45 minutes after the burglary, Norman arrived and was apprehended. He was charged with second-degree burglary — a felony, and two counts of fifth-degree criminal possession of stolen property — a misdemeanor.

At the time of his arrest, Norman was on parole for burglarizing the same apartment building in 2011. In this incident, Norman entered the same property and stole cash, property and a pair of women’s underwear. He also crawled into bed with one of the female residents before being caught inside the apartment by Fredonia police.

The victims of the two incidents were unrelated and the recent victims were unaware of the 2011 burglary.

Norman is currently housed at the Gowanda Correctional Facility where he has been serving a prison sentence of six to eight years, with five years post-release supervision. He is eligible for parole in August 2022.

In his appeal, made earlier this year in Rochester, Norman contended that the show-up procedure — in which identification of a single person is made by a victim in person — was not done timely and occurred while he was in handcuffs. A resident of the Fredonia apartments positively identified Norman following his arrest.

The justices said the show-up procedure took place within two hours and therefore was “reasonable under the circumstances” due to the fact the burglary took place in Fredonia and Norman was arrested in Jamestown.

“The show-up procedure was part of a continuous, ongoing police investigation … which spanned two (municipalities) and involved multiple law enforcement agencies, due in large part to the flight of the defendant,” the justices wrote in their ruling.

Norman said the court also erred in rejecting a challenge to strike a juror who stated during jury selection that she had been the victim of a burglary and that she was dissatisfied with the non-resolution of the case. Further, he said the court was wrong not to discharge two sworn jurors during trial.

“Upon learning of potential issues with the two sworn jurors, the court and defense counsel questioned those two jurors and elicited responses that they would be fair and impartial,” the justices wrote in their ruling rejecting the contentions.

Marilyn Fiore-Lehman represented the Chautauqua County District Attorney’s Office during the appeal. Attorney John Cirando spoke on behalf of Norman, who was represented at trial by the Chautauqua County Public Defender’s Office.

“This defendant typifies the kind of person that needs to be behind bars,” District Attorney Patrick Swanson said in 2016 before Norman was sentenced.

“He has been victimizing the citizens of Chautauqua County for nearly three decades, and now has five felony and seven misdemeanor convictions to his name. As I have said numerous times over the course of this year, some people do not deserve a break. Marcus Norman is that kind of person. We chose not to offer him any plea bargain, and that is how my office will continue to handle individuals who repeatedly victimize the people of our county.”