PEOPLE v. DAVILA


59 A.D.2d 536 (1977)

The People of the State of New York, Respondent, v. Rafael Davila, Appellant

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

August 1, 1977


Judgment modified, on the law, by (1) reversing the conviction of burglary in the third degree and the sentence imposed thereon, and the said count is dismissed and (2) vacating the sentences imposed on the misdemeanor counts. As so modified, judgment affirmed, and case remanded to Criminal Term for resentencing on the misdemeanor counts.

The judgment of conviction for burglary in the third degree must be reversed because...

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