People v. Martinez

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered September 7, 1989, convicting him of burglary in the second degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction of burglary in the second degree to criminal trespass in the second degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.

We find that the evidence was insufficient to support the…