PEOPLE v. MARTINEZ


182 A.D.2d 835 (1992)

The People of the State of New York, Respondent, v. Angel Martinez, Appellant

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

April 27, 1992


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

We find that the evidence was insufficient to support the defendant's conviction of burglary in the second degree, as there was no evidence from which the jury could conclude beyond a reasonable doubt that the defendant...

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