People v. Beverly

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered August 5, 2004, convicting him of burglary in the first degree, burglary in the second degree, menacing in the second degree (two counts), criminal mischief in the fourth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the…