People v. McCrea

Santucci, J.,

concurs in part and dissents in part, and votes to modify the judgment, on the facts as a matter of discretion, in the interest of justice, by reducing the defendant’s conviction of burglary in the second degree to a conviction of criminal trespass in the second degree, and vacating the sentence imposed thereon, and as so modified, to affirm the judgment, with the following memorandum: I must respectfully dissent. I find the jury’s verdict to be based on legally insufficient evidence, and to be against the weight of the evidence. The defendant was indicted on one count of…