People v. Rosado

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered March 20, 2013, convicting defendant, after a jury trial, of burglary in the third degree, criminal possession of stolen property in the fifth degree, possession of burglar’s tools and attempted petit larceny, and sentencing him, as a second felony offender, to an aggregate term of 2V2 years to five years, unanimously modified, on the law, to the extent of vacating the burglary conviction and dismissing that count of the indictment, and otherwise affirmed.

The evidence was legally insufficient to establish defendant’s…