PEOPLE v. ENNIS


37 A.D.2d 573 (1971)

The People of the State of New York, Respondent, v. Macio Ennis, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 1, 1971


Judgment modified, on the law and the facts, (1) by reversing the conviction of burglary in the third degree and the sentence imposed thereon; (2) by dismissing the first count (burglary), and (3) by reducing the sentence for unlawful imprisonment in the second degree from four years to one year. As so modified, judgment affirmed.

In our view, defendant's conviction of burglary in the third degree must be reversed. It appears from the record that his entry into the...

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