People v. Hard

— Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered September 1, 1987, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the case is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).

The defendant was indicted for burglary in the second degree and attempted sexual abuse in the first degree. The prosecution’s evidence sought to establish that he unlawfully entered the victim’s home and subjected her to forcible…