People v. Reyes

—Order insofar as appealed from unanimously reversed on the law, motion denied, first and second counts of indictment reinstated and matter remitted to Livingston County Court for further proceedings on the indictment. Memorandum: County Court erred in granting in part defendant’s motion to dismiss the indictment based on legally insufficient evidence by reducing the first and second counts of the indictment, charging burglary in the second degree and attempted burglary in the second degree, to two counts of criminal trespass in the second degree. The evidence before the Grand Jury, viewed in…