People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Spergel, J.), rendered December 12, 2013, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts and as a matter of discretion in the interest of justice, and a new trial is ordered.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), and giving it the benefit of every reasonable inference which could be drawn from the circumstantial evidence adduced (see People v…