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PEOPLE v. MILES

85 A.D.2d 610 (1981)

The People of the State of New York, Respondent, v. Carl A. Miles, Appellant

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

December 7, 1981

Judgment reversed, on the law, indictment dismissed, and this case is remitted to the County Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Viewing the facts most favorably to the People (People v Benzinger, 36 N.Y.2d 29, 32), we find that the evidence was insufficient to support the conviction of the crime of burglary in the second degree. (See Penal Law, § 140.25...

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