People v. Smith

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 17, 1977, convicting him of burglary in the third degree, grand larceny in the third degree and official misconduct, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The sole issue on this appeal is whether there should be a reversal because of an improper charge on circumstantial evidence. This prosecution stems from an investigation by the Internal Affairs Division (hereinafter IAD) of the Police Department into…