People v. Howard

Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Broomer, J.), rendered June 22, 1988, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the conviction of burglary in the third degree to criminal trespass in the third degree, and vacating the sentence imposed; as so modified, the judgment is affirmed.

We find that the evidence was insufficient to support the defendant’s conviction of burglary in the third degree as there was no evidence, or inferences which could…