People v. Porter

Appeal by defendant from a judgment of the County Court, Nassau County, rendered April 4, 1974, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The indictment charged defendant with -two counts of burglary in the first degree, alleging that on. September 22, 1973 he entered a dwelling with intent to commit a rape therein. To establish such intent the prosecutor adduced evidence that defendant, 15 days prior to this criminal entry, unlawfully entered another apartment several blocks away and…