Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the County Court, Dutchess County, for a new trial.
The defendant was convicted of burglary in the second degree and criminal mischief in the second degree based upon an incident in which he broke the sliding glass door of his neighbor's house with a sledgehammer, entered the residence, and allegedly caused further damage inside...
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