People v. Holmes

Memorandum: The People appeal from an amended order granting that part of the omnibus motion of defendant seeking *1350to reduce the first count of the indictment against him, charging burglary in the third degree (Penal Law § 140.20). Contrary to the People’s contention, County Court properly reduced the first count of the indictment, although we note that, as the People candidly concede in the alternative, the court should have reduced that count to criminal trespass in the third degree (§ 140.10 [a]) rather than criminal trespass in the second degree (§ 140.15). The latter offense requires that…