People v. Person

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered June 24, 2008, convicting him of burglary in the second degree and criminal mischief in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indict*1240ment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

In considering whether the evidence was legally sufficient to support the defendant’s conviction, we must view the facts in a…