People v. Bowen

Judgment of the Supreme Court, Queens County, rendered February 7,1968, reversed, on the law, and a new trial granted in the interests of justice. The findings of fact below are affirmed. Although there were sharp issues of fact concerning the circumstances under which defendant was found by the police at the burglarized premises, we are of the opinion that the People’s evidence, which the jury apparently credited, is sufficient to support the conviction herein. Nevertheless, we are constrained to reverse the judgment and to order a new trial in the interests of justice because of the pos*927sibil…