Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.
A jury found the defendant guilty of burglary in the third degree for breaking into a Bay Shore delicatessen in the early morning hours of October 26, 1990, and stealing approximately $300 and some cartons of cigarettes. Although there were no eyewitnesses to the burglary, the circumstantial evidence of the defendant...
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