People v. Rodriquez

Judgment, Supreme Court, New York County (Frank Blangiardo, J.), rendered April 26, 1985, convicting defendant, after jury trial, of burglary in the third degree (Penal Law § 140.20) and sentencing him to an indeterminate term of 1 to 3 years’ imprisonment, to run consecutively to the sentence imposed pursuant to an earlier judgment, convicting him, after a guilty plea, of burglary in the third degree, unanimously reversed, on the law, and a new trial ordered.

The trial court erred in refusing to give the circumstantial evidence charge requested by defense counsel, given that there *154was no…