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PEOPLE v. GILES

121 A.D.2d 738 (1986)

The People of the State of New York, Respondent, v. Dwight Giles, Appellant

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

June 30, 1986

Judgment modified, on the law, by reducing the conviction of burglary in the second degree to criminal trespass in the second degree, and vacating the sentence imposed. As so modified, judgment affirmed.

Viewing the evidence most favorably to the People (see, People v Contes, 60 N.Y.2d 620, 621), we find that it was insufficient to support an inference that the defendant...

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