PEOPLE v. BARNES


261 A.D.2d 409 (1999)

690 N.Y.S.2d 70

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS BARNES, Appellant.

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

Decided May 3, 1999.


Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of burglary in the first degree to burglary in the second degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

The defendant broke into a dwelling and, while inside, was confronted by the landlords, a husband and wife. As the wife attempted to assist her husband...

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