People v. Slattery

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mallon, J.), rendered March 2, 1989, convicting him of burglary in the third degree and criminal mischief in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, count two of the indictment, charging the defendant with criminal mischief in the second degree, is dismissed, without prejudice to the People to re-present any appropriate charges to another Grand Jury (see, People v Beslanovics, 57 NY2d 726), and a new trial is ordered on the first count of the…