People v. . Trimarchi

McLaughlin, J.:

The defendant was convicted of the crime of burglary, third degree, second offense, after a prior conviction of a felony, for which he was sentenced to be imprisoned in a state’s prison for the term of seven years and six months. He appealed to the Appellate Division, fourth department, from the judgment of conviction and also from an order denying a motion for a new-trial on the ground of newly-discovered evidence. The Appellate Division unanimously affirmed the order denying the motion for a new trial, from which the defendant appeals, and unanimously reversed the judgment of…