Judgment modified, on the law, by reducing the conviction of burglary in the first degree to one of burglary in the third degree, and by vacating the sentence imposed thereon. As so modified, judgment affirmed and case remitted to the Supreme Court, Queens County, for resentencing.
Defendant's conviction for burglary in the first degree required proof of physical injury (Penal Law, § 140.30, subd 2) which is defined as "impairment of physical condition or substantial...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
