People v. Davis

— Appeal by the defendant, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Fiber, J.), rendered December 18, 1980, as convicted him of burglary in the second degree, after a nonjury trial, and imposed sentence thereon.

Judgment modified, on the law, by reducing the conviction of burglary in the second degree to criminal trespass in the second degree. As so modified, judgment affirmed, insofar as appealed from.

The defendant was charged in count one of indictment No. *796924/80 with the crime of burglary in the first degree, committed as follows: "The…