People v. Wilson

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered May 5, 1999, convicting him of burglary *421in the third degree, criminal mischief in the second degree, and possession of burglars’ tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction of criminal mischief in the second degree to criminal mischief in the fourth degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.

The defendant contends that the evidence at trial was legally…