PEOPLE v. HIRNIAK


118 A.D.2d 729 (1986)

The People of the State of New York, Respondent, v. Michael Hirniak, Appellant

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

March 17, 1986


Judgment modified, on the law, by reducing the conviction of burglary in the second degree to one of burglary in the third degree and by vacating the sentence imposed. As so modified, judgment affirmed and matter remitted to the Supreme Court, Westchester County, for resentence.

The evidence at bar discloses that the defendant was openly clutching a knife as he ran towards an empty gasoline filling station office which he...

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