People v. Soto

Appeal by the People from an order of the Supreme Court, Kings County (Patterson, J.), entered February 3, 1993, which granted the defendant’s motion to set aside a jury verdict convicting him of burglary in the second degree.

Ordered that the order is reversed, on the law, the defendant’s motion is denied, the jury verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing.

The evidence adduced at trial established that the defendant was standing near a bus stop outside a house which was being burglarized by two others when one of the residents of that…