People v. Clark

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Kepner, J.), rendered November 5, 1982, convicting him of burglary in the second degree, grand larceny in the second degree, criminal mischief in the fourth degree, and criminal possession of stolen property in the first degree, and imposing sentence.

Judgment reversed, on the law, and as a matter of discretion in the interest of justice and new trial ordered.

On June 20, 1981, Officer John Lanza was on a burglary stakeout in his van when he observed two men coming out of a house with what appeared to be a…