People v. Martinez

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 31, 1978, convicting him of burglary in the third degree, after a nonjury trial, and imposing sentence. Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The sole question on this appeal is whether the circumstantial evidence against appellant was sufficient, as a matter of law, to establish his guilt beyond a reasonable doubt. The rule governing the sufficiency of…