People v. Katz

Appeal by the defendant from a judgment of the County Court, Westchester County (Rosato, J.), rendered November 26, 1991, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County for a new persistent violent felony offender hearing.

While the trial court’s charge concerning the defendant’s status as an interested witness was improper, it nevertheless constitutes…