PEOPLE v. COLON


169 A.D.2d 835 (1991)

The People of the State of New York, Respondent, v. Victor Colon, Appellant

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

January 28, 1991


Ordered that the judgment is modified, on the law, by reducing the conviction of burglary in the third degree to criminal trespass in the third degree, and vacating the sentence imposed; as so modified, the judgment is affirmed.

We find that the evidence was insufficient to support the defendant's conviction of burglary in the third degree as there was no evidence, or inferences which could reasonably be drawn therefrom, from which the jury could conclude beyond a...

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