People v. Gerbino

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lombardo, J.), rendered September 23, 1985, convicting him of burglary in the second degree, criminal mischief in the fourth degree and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to be established.

A new trial is required in this case as a result of the cumulative and prejudicial effect of certain irrelevant evidence which the trial court permitted the People to put before the…