People v. Mitchell

Order unanimously reversed on the law, motion denied, count one of indictment reinstated and matter remitted to Onondaga County *938Court for further proceedings on indictment. Memorandum: County Court erred in reducing count one of the indictment charging burglary in the second degree to criminal trespass in the second degree. In granting defendant’s motion, the court concluded that, although the evidence before the Grand Jury was legally sufficient to establish that defendant illegally gained entry to complainant’s residence by posing as a utility repairman, it was insufficient to establish a…