Judgment reversed, on the fact, the count of the indictment charging defendant with burglary in the second degree dismissed, and, as a matter of discretion in the interest of justice, new trial ordered as to the charge of criminal possession of stolen property in the third degree (see CPL 40.30, subd 3).
Defendant was seen at 1933 Union Street, Brooklyn, New York, carrying certain items. Items of a similar nature had been reported missing from an apartment which had...
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