People v. Jones

Judgment of the Supreme Court, New York County (Ronald S. Hayes, J.), entered October 19, 1989, convicting defendant, after trial by jury, of burglary in the first degree and sentencing him to a term of from two to six years, is unanimously reversed, on the law, a conviction for criminal trespass in the second degree substituted therefor and the matter remanded to the Supreme Court for resentencing in accordance therewith.

Defendant, who was under psychiatric care, went to visit his uncle in the subject premises, a rooming house, in order to borrow some money. The People offered no proof as to…