People v. Donaldson

Appeal by the defendant from a judgment of the County Court, Westchester County (Martin, J.), rendered April 11, 1983, convicting him of burglary in the first degree, burglary in. the second degree and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The defendant’s indictment and conviction arose out of the burglary of the complainant’s apartment on November 21, 1981. We agree with the defendant’s argument that the trial court committed…