People v. Pack

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered May 22, 1996, convicting him of rape in the first degree, sodomy in the first degree, and burglary in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction of burglary in the first degree, and the sentence imposed thereon, and remitting the matter to the Supreme Court, Queens County, for a new trial on that charge only; as so modified, the judgment is affirmed.

In the instant case,, the indictment charged, inter…