People v. Dupree

— Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered November 7,1980, convicting him of possession of burglar’s tools, attempted criminal trespass in the second degree and attempted petit larceny, upon a jury verdict and imposing sentence. Judgment modified, on the law, by reversing the conviction of attempted petit larceny, said count of the indictment dismissed and all sentences imposed vacated. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing. On March 8, 1980 the complainant was alone in…