Judgment of conviction reversed on the facts and in the interest of justice and a new trial granted.
Memorandum:
Appellant and one Charles Kobryn were jointly indicted by the Grand Jury of Monroe County of burglary in the third degree and were tried together in the Monroe County Court. The jury returned a verdict of guilty against both defendants and each was sentenced to a term of imprisonment of from 5 to 10 years. On appeal by Kobryn, the court by a divided...
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