It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on the first count of the indictment.
Memorandum: On appeal from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]), defendant contends that the evidence is legally insufficient to establish his guilt and the verdict is against the weight of the evidence. We reject those contentions. Viewing...
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