People v. Dowdall

—Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed and new trial granted on counts one and two of indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of burglary in the third degree, criminal mischief in the fourth degree and two counts of harassment in the second degree. We reject the contention that the evidence is legally insufficient to support the conviction for burglary in the third degree. The principal issue at trial was whether defendant had permission to enter his girl…