People v. Serrano

Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered February 22, 2007, convicting defendant, after a nonjury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously reversed, on the law, and the indictment dismissed.

The verdict was based on legally insufficient evidence. The victim’s apartment was burglarized at some time between noon and 5:00 p.m. At about 1:30 p.m. that same day, but before the burglary was reported, defendant, a homeless man, was observed by a police officer about a block…