People v. Reyes

I dissent and would modify the judgment to the extent of reducing the sentence from a definite term of 12 months’ incarceration to a definite term of 10 months’ incarceration.

The defendant was indicated, charged with burglary in the first degree, burglary in the second degree, and assault in the second degree. There was a jury trial, at the conclusion of which the court submitted to the jury the charges of burglary in the first degree, burglary in the second degree, and criminal trespass in the second degree. The assault charge was not submitted to the jury. The defendant was acquitted of…