People v. Mercedes

—Judgment, Supreme Court, New York County (Harold Roth wax, J.), rendered June 14, 1992, by which defendant was convicted, after a jury trial, *145of burglary in the third degree and sentenced, as a second felony offender, to a term of 31/2 to 7 years, unanimously reversed, on the law, and the matter remanded for a new trial.

Defendant’s claims regarding the deficiencies in the trial court’s charge were properly preserved for appellate review (CPL 470.05 [2]). Upon our review, we find that reversal is required by the court’s failure to convey the correct legal standard to allow the jury to…