People v. Waller

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered December 2, 1983, convicting him of burglary in the third degree, criminal possession of stolen property in the *899third degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the entry of an order in its discretion pursuant to CPL 160.50.

The defendant was jointly tried and convicted with Sam Taylor and John…