Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant was convicted after a jury trial of attempted burglary in the second degree and criminal mischief in the fourth degree. The convictions arose from an incident, allegedly occurring in the early morning hours of May 11, 2012, when the defendant entered the gated backyard of a multi-family home in Queens. One of the complainants testified that she was awakened by scratching sounds...
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