People v. Pearce

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 1, 1976, convicting him of burglary in the second degree and petit larceny, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Gulotta, P. J., Damiani and Hawkins, JJ., concur; O’Connor, J., dissents and votes to reverse the judgment and dismiss the indictment, with the following memorandum: The defendant appeals from a judgment convicting him of burglary in the second degree and petit larceny, following a jury trial. The jury’s verdict rests solely upon the testimony of Concepcion…