People v. Thomas J. S.

Appeal by defendant from a judgment of the County Court, Rockland County, rendered October 18, 1976, adjudicating him a youthful offender, upon his conviction of burglary in the third degree, upon a jury verdict, and imposing a sentence of five years’ probation. The jury acquitted the defendant of charges of grand larceny in the third degree and possession of stolen property in the second degree. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The trial court charged the jury that defendant could be convicted of burglary in the third degree if…