People v. Carrion

— Appeal by the defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County (Fertig, J.), rendered July 6, 1987, as convicted him of attempted burglary in the second degree and possession of burglar’s tools, upon a jury verdict, and imposed sentence.

Ordered that the judgment is reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered with respect to those counts of the indictment charging the defendant with attempted burglary in the second degree and possession of burglar’s tools.

We…