People v. Giamanco

— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 23, 1977, convicting him of burglary in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. We find that certain errors and omissions made during the court’s charge may have confused the jury about the burden of proof in this case. As the evidence against the appellant was wholly circumstantial, the court should have charged that the inference of…