People v. Carlajal

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), dated October 30, 2001, convicting him of burglary in the second degree, criminal mischief in the fourth degree, and possession of burglar’s tools, after a nonjury trial, and imposing sentence.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the defendant’s conviction of the crime of burglary in the second degree to criminal trespass in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the…